Can Law Help You With Your Children If A Victim Of Trump’s Deportation Policy?
If you’ve been living in the U.S. without legal documents that qualify for your legal stay and now are being deported from the U.S after Trump’s deportation policy and are wanting to know if at all law can be of any help to protect your children as you intend your children to stay back in the U.S. then the following might be useful if your situation fits in accordingly.
If you are a parent being deported from the U.S. and have children in the U.S. who are U.S. citizens and you want your children to stay back in the U.S. then you can choose a legal guardian to care for your minor child/children after you are deported back to your home country.
Note- Your children are allowed to remain in the United States if they are US citizens.
Guardianships In The USA-
Parents can choose a legal garden for their children if they are being deported from the USA, but want their minor children to stay back in the USA.
Criteria to fulfill while selecting a legal guardian for your children in the USA-
A guardian appointed in the USA is responsible for the care education, support, medical care and maintenance of your children.
Who can be selected as a guardian in the USA?
- The guardian appointed for your child must be-
- A citizen of USA or a person with legal immigration status which means having a lawful permanent resident of the USA with a green card.
- The Guardian must be over the age of 18 years and must be capable of serving as a guardian to the child or children, which means the person must be of sound mind.
- The guardian cannot be a person who has been convicted of a felony involving the harm or threat to a child.
What does a felony in the USA mean?
Felony in the USA is defined by the federal government as a crime punishable by imprisonment or death in excess of one year or more. Many states classify felonies under different categories depending on the seriousness of the crime.
If a felony is punishable for exactly one year or less, then it is classified as a misdemeanour.
The guardian cannot be legally disabled, which means that no court found that they are either mentally or physically, unable to manage their affairs.
Consult An Attorney-
Make sure to consult a family attorney before making any move or decision to appoint a guardian for your children if dealing with sudden or subsequent deportation.