FAMILY ACTION PLAN: THE BEST DEFENSE DURING COMPLICATED TIMES
For any situation, an action plan in case of emergencies is what can make the difference. If families prepare emergency plans for contingencies such as war or natural disasters, why not create one for immigration-related situations as well. Have you considered what steps to take if you are separated from your child in the country?
Below, we share a guide of the recommended points to take into consideration when developing your family action plan.
1.- The first and most important step is to plan the care of the youngest members of the family.
If you have children or minors under 18 years of age in your care, you must make sure to leave as much detail as possible of who can take care of them in case you cannot do so.
There are several options for this situation such as: verbal agreements, a Caregiver's Authorization Affidavit (CAA), medical directives with their doctors, or a court-ordered guardianship/custody agreement.
· A Caregiver's Authorization Affidavit (CAA) allows the other person who would be in charge of the children to have permission to make movements in medical centers, academic centers, among others, as well as to make certain decisions for the benefit of the child(ren). Important note: The included Caregiver's Authorization Affidavit can only be used in California.
· Custody/guardianship is considered the best alternative since once a guardian is assigned, that person will already have full legal and physical custody of the children in question, so he or she will be able to take full control of the decisions on their behalf. * You should keep in mind that when a guardian is appointed, this does not terminate parental rights, but it does suspend them while the guardianship is in effect.
Some people opt to create a power of attorney with a notary public as a supporting document. However, it is recommended to seek legal guidance, mainly in the state of California, to help you generate the recurring document for your situation.
If your children have any physical disability or special medical condition, you should have all records saved in a single physical and digital location that allows the guardian(s) to go to if any situation warrants it. Consider identification, personal, academic documents, and contact information.
2.- Every immigrant in the United States has rights, so it is extremely important that you know them:
- If ICE knocks on your door, remember that:
· Do not open the door to ICE or any police officer without a signed warrant.
· You do not need to open the door unless an ICE agent can show you a warrant signed by a judge with your specific and correct name and address.
· Ask them to slide the search warrant under the door or show it through a window.
· Make sure the warrant is signed by a judge and has your address.
· If ICE or the police do not have this, then you do not have to open the door. Once you open the door, you will lose certain rights.
There are KNOW YOUR RIGHTS cards that you can download, print, and carry with you and your family so that you can implement them if necessary. You can even place them on the side of your door on the inside and have them within reach. These cards explain your rights and that you do not have to open the door. You can slide it under the door in front of the ICE agent, show it to them, or read the English side to them. Have your children and other family members practice showing it or sliding it under the door.
You can download them HERE
3. Research your options as an immigrant
The best weapon against uncertainty is to be prepared, so we recommend that you take the following points into consideration:
· Identify safe and reliable options for legal support services near you. Getting a legal consultation on your immigration case will always be the most advisable since not all processes apply in general, each case is different, so having the guidance of an expert is the best alternative.
· Keep in mind who is and who is not authorized to provide immigration advice and avoid falling into fraud or lies. Immigration attorneys licensed to practice law by their state are the best option.
· Talk to an attorney if you have not had a consultation to determine if you have a pathway to permanent residence.
Connect with Us!
Reach out to our Facebook page if you need more ideas or resources. Follow us to stay up to date @AbogadaYeseniaTV and share this post with whoever wants to know more. You can also explore this site and share it, along with our contact: (909) 845-1183. To send your questions confidentially, you can do it here.
This website and blog constitute attorney advertising. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Set up a consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.