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Protecting Your Children and Assets: A Guide for Immigrants Facing Deportation
Contributor: Van T. Doan
Recent events have made many immigrants, documented and otherwise, justifiably concerned that they may face deportation. If you fall into this category, you are probably concerned about protecting any assets you have in this country, and even more worried about the future of your minor children here.
Unfortunately, no blanket assurances about the future are possible. The single best thing you can do if you have any concerns about removal is to contact an experienced immigration attorney. In addition, however, you can take some measures to provide for the well-being of your children and the security of your property. Below is a basic guide for immigrants facing deportation.
Protecting Your Children if You are Deported
As a parent of minor children, they are your first concern. Your children's citizenship or immigration status is a factor in deciding whether they can (or should) stay in the United States. If your child is undocumented, they can return to your country of citizenship with you, or they may be eligible for Special Immigrant Juvenile (SIJ) status which would allow them to remain in this country as a lawful permanent resident.
If your child was born in the United States, they may also return to your home country, but of course, can remain in the United States if you wish. Obviously, they will need a caretaker. If there is a relative you trust, preferably someone closely related that the child knows and is comfortable with, that is an ideal option. The question becomes how best to achieve an appointment of a custodian/caretaker/ guardian in your absence. For instance, it may be difficult to transfer guardianship legally since your child has a surviving parent and there has been no legal termination of your rights. However, there may be other options available such as kinship care.
If you plan to leave your child with a trusted adult in this country, and would like them to be able to visit you in your home country, in addition to having a valid passport, you should execute a notarized travel authorization so that your child's caretaker can travel out of the country with them.
If nothing else, and at the very least, you should write down whom you want to care for your children along with any other specifics, and have that document notarized. While a notarized document does not guarantee your wishes will be honored, it may help keep your child from being removed from the chosen relative/adult's care and being placed in foster care.
Protecting Your Assets if You are Deported
You will most likely want to execute a power of attorney (POA) to allow someone you trust to manage your assets and conduct business, such as paying bills or withdrawing money from a bank account, on your behalf. The person you grant power of attorney to is called your agent.
The key words there are "someone you trust." If you are facing deportation, you are no doubt feeling anxious. The pressure to get your affairs in order may lead you to hastily make a decision to place trust in someone who is not trustworthy. A power of attorney can be limited, or may be very broad, allowing your agent to do anything you yourself would do. This essentially would give that person complete control over all of your assets. So while it's important to have a POA in place if you can, make sure the named agent is someone who will look out for your best interests. Also make sure the POA itself is properly drafted, preferably by a knowledgeable attorney who can help you decide exactly how much power you want to grant the agent.
If you own a home, for instance, giving an agent unlimited power of attorney means they could sell your home. This may be what you want, but obviously only if they will act according to your wishes. If you leave a home behind on which you owe a mortgage and do not keep up payments (either yourself or through your POA), it will likely be foreclosed. Similarly, if you do not arrange for payment of property taxes on a home you own, the jurisdiction in which it is located will eventually take the property.
Some assets, such as bank accounts, you will be able to manage yourself from your home country with the proper paperwork in place. In order to open a U.S. bank account, you would have needed an ITIN, a tax identification number the IRS gives to foreign nationals who are not eligible for a social security number. You will need this number in order to complete Form W8-BEN. This form, available by download or from most banks, will convert your U.S. bank account into a bank account for foreigners. When this is done, the account can be managed from anywhere in the world, so you can choose to leave your money in the U.S. or transfer it to an account in your home country.
If you have a car and wish to transfer it to a family member or friend, you should contact the Maryland Motor Vehicle Administration with any questions. You can sign over title to a vehicle even after you have left the country, but if the car has a lien on it because you still owe money for it, there should be documentation that the new owner will take over the lien.
Don't delay in making a plan to protect your family and assets in the event you are deported. Consult an experienced Maryland immigration and family law attorney to get the assistance and advice you need.
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Categories: Immigration Law