Advising the Children of Undocumented Parents

In California, attorneys are increasingly called on to guide children through the legal aftermath of a parent’s detention or deportation.

For many of these children — some undocumented, some U.S. citizens — the consequences can be life-altering. This white paper provides practical, up-to-date guidance for immigration and family law attorneys working to protect vulnerable children in these high-stakes situations.

Whether you’re representing a minor seeking lawful status, preparing for the guardianship of a U.S.-born child, or coordinating between courts, this resource outlines the strategies that make a lasting difference.

  • Immigration Options: SIJS, VAWA, U/T visas, asylum assessments, TPS, and relief through cancellation of removal
  • Family-Law Paths: Short-term affidavits, guardianship petitions, and adoption steps that comply with immigration law
  • Integrated Legal Strategy: How to sync immigration filings with guardianship, avoid timing conflicts, and build cohesive cases
  • Child-Centered Advocacy: Tactics for using school, medical, and community records to bolster “best interest of the child” arguments
  • Trauma-Informed Practice: Tips for age-appropriate communication and working with social services, mental health professionals, and advocates

Navigate these California immigration and family law obstacles with confidence

  • Special Immigrant Juvenile Status (SIJS) for children who’ve been abused, neglected, or abandoned
  • Violence Against Women Act (VAWA) protections for children abused by a parent
  • U and T visas for victims and witnesses of crimes or trafficking
  • Asylum considerations — when to proceed and when to exercise caution
  • Temporary Protected Status (TPS) eligibility and what it offers
  • Cancellation of removal and long-term immigration planning
  • Caregiver authorization affidavits for short-term needs
  • Guardianship petitions through the probate court to avoid foster care
  • Adoption considerations and the strict conditions that apply under immigration law
  • Coordinate legal strategy across disciplines
  • Develop strong, consistent supporting documentation
  • Avoid unintended conflicts between court processes