In the event a parent is taken by immigration officers, it is not too early to plan for a trusted adult to take care of the children under the age of 18.
What is the Designation of Standby Guardian? Virginia law has a provision, section 16.1-352, that allows a parent to designate a “standby guardian” to care for children. There is a simple way to do this through a simple form. No matter when this is signed, the power of the standby guardian starts when there is a “triggering event.” A “triggering event” is something that happens that causes your children to need a guardian. This includes “detention, incarceration or deportation…connected to an immigration action…” The power continues for 30 days, and before the 30 days are over, the standby guardian must go to family court to file a petition for approval as standby guardian.
Who should fill out this form? We recommend that everyone who is in danger of deportation with children under 18 prepare this designation. However, it is crucial that those with higher risk of deportation who already have an order of removal by an immigration judge, either after their hearing or after not going to their hearing, and anyone who has any criminal record or arrest complete this form. These people will be targeted first. This designation can be changed or cancelled at any time.
Click the link here to review our guide and print out the form to fill out.
