Legal Help for Undocumented Immigrants and Lawful Permanent Residents in LA

Across the U.S., 16.7 million people live with at least one undocumented family member. Of that number, six million are kids and teens under 18 years old, according to the American Immigration Council. While America is a vast country of new opportunities, violating the law can take a toll on your path to citizenship.

As a parent, the actions you take also impact your child. We understand that you would do anything in your power to protect them, but most clients feel defenseless after an ICE (U.S. Immigration and Customs Enforcement) arrest. Our Los Angeles immigration attorney is here to help if you or a loved one faces dire conditions.

ICE Detained Parents

Since President Biden has taken office, the administration has shifted its focus on deportation proceedings. They are targeting those with criminal convictions who pose threats to public safety. However, many innocent families have gotten arrested – including green card holders for something as minuscule as a parking ticket.

Children are on the receiving end of that arrest as well. When parent(s) get detained, jailed, or deported, their child(ren) can end up in foster care. Remember that regardless of what you have done, any parent has a constitutional right to consult with a deportation defense attorney in Los Angeles to make arrangements that ensure their child is protected.

Arranging For Your Child’s Custody Transfer

As a parent, the best way to protect your child(ren) from going into foster care is to plan for what’s to come.

A custody transfer is a process allowing parents to give authority to a family member, legal parent, or another guardian. To get started, you write up an agreement, assigning physical and legal custody rights to someone you trust. That way, they can make decisions regarding:

• Health
• Education, and
• Overall welfare.

When your child’s other parent has custodial rights, you only need to get their written consent for the transfer. If that parent declines, you need to go to court for a judge to make a final decision. An immigration lawyer in Los Angeles would advise you to seek legal help if you are unfamiliar with U.S. policies regarding custody to ensure the transfer is successful.

Be mindful that regaining custody will require you to file a petition with the court. A judge will assess your request and decide if it is in the best interests of that child to transfer them back. An immigration defense lawyer for child custody would recommend including a declaration in the original agreement stating this transfer is only in effect during deportation. Although the court will make a final decision, you would have a better chance of getting your children back.

Informal and Court-Ordered Guardianship

You can appoint a guardian without terminating your parental rights as well. An informal guardianship is slightly different from a custody transfer. The only change is that it is short-term and used for circumstances where a parent is unavailable or unable to care for their child. This process does not require a hearing or need court approval. So, it might be a good idea to try this solution first if you’re worried about time constraints. A LA deportation lawyer can speed up the process.

In the end, all temporary guardians must provide shelter, education, and health care until it expires, the child turns 18, or the court terminates the agreement. It generally lasts up to 365 days in California once it goes into effect. If you can re-enter the U.S. on an employment-based visa or non-immigrant visa and want to undo the guardianship, a court will terminate it if you can show a definite ability to take care of your child.

Call Our Immigration Firm Today!

Dealing with a deportation and custody battle is not easy, but we can relieve some of the pressure. If you are planning to make any arrangement, reach out to our law offices of immigration based in Southern California immediately.

About Grey Law Immigration

At Grey Immigration, the values of integrity, honesty, commitment, and results are at the foundation of our firm.

Los Angeles immigration attorney David Grey provides experienced representation to safeguard your rights through the immigration process. Whether it is advice, assistance with visa applications, or resolving an issue that is stalling your citizenship, we are here to help.

For a free case review, give us a call at 323-622-1764 or email info@greylaw.com.