The thought of deportation is scary on its own, but once children are part of the scenario, it can become downright terrifying to think about what might happen to them if a parent is faced with a deportation notice.

It may help to know that there are certain policies in place to protect parental rights, regardless of their immigration status, one of which is called the Detained Parents Directive.

Under this policy, the US Immigration and Customs Enforcement (ICE) should attempt to accommodate the parent’s wishes to arrange for their children’s care before contacting local child welfare of law enforcement to take temporary custody, meaning, you will have a say in what happens to your children should you get deported.

You will still be forced to make some incredibly difficult decisions about your children’s future and their new living situation. The following are the three most common choices.

  • Children are deported with the parent. This is the most common option. Parents will usually not leave their children in the US while returning home by themselves.

  • Children stay in the US with a guardian. Another option is to sign over physical and legal custody rights to a trusted guardian in the US, such as a family member or a close family friend.

  • Children enter the Foster Care System. If neither of the above options are chosen for a child’s future, minor children will most likely end up in the Foster Care System.

None of these options are free of stress and heartache. So if you are worried about deportation, aren’t sure of your rights or the exact terms of your visa, we urge you to get in touch today to discuss your case, sparing you from having to make these difficult decisions about your children’s futures down the line.

Can I ever come back to the US after being deported?

If you are worried about getting deported, you may also wonder if you will ever get the chance to re-enter the US again. Once deported, it can be hard to get another visa allowing re-entry. In most cases, deportees are banned from re-entering the United States between 5 and 20 years. And non-citizens who have been deported for committing an aggravated felony or having tried to re-enter illegally after deportation may be banned permanently.

While it is difficult to get another visa, it’s not entirely impossible. Eligibility to return to the Us is very much dependent upon the reason why the person was deported in the first place and the number of violations on their record, among many other reasons

In some cases, people have been deported by mistake and after a while, new evidence has surfaced working in their favor, allowing a reopening or reconsidering of a deportation case.

In most situations, however, should you wish to come back to the US after being deported, you will have to start the procedure from scratch again, providing evidence and hoping you will be deemed eligible once more.

The whole process is scary, lengthy, and complex. It’s easy to lose hope and feel lost. At the Law Offices of Jennifer L. Bennett, we are here to back you up and guide you through the whole process, strengthening your case and setting you up for success.

Contact us today for help with your deportation case.