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What will happen to my minor children if I get deported?

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.

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

  2. 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.

  3. 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.

Contact us today for help with your deportation questions. Phone: 312 -972-7969 Email:

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