Secure the Future, Even When the Present Is Uncertain

An immigration issue doesn’t start with a court date. It starts with a knock. A letter. A return notice on a visa application. When that happens, it’s too late to sign papers from a detention center or track down documents from across the border. That’s why families need to have the legal tools in place before they need them.

This isn’t about fear. It’s about planning with love. A little preparation builds a safety net that can’t be swept away by a sudden policy change or a missed renewal window.

Temporary Guardianship

If you have children and your immigration status is uncertain, there should be someone who can legally care for them if you can’t. A temporary guardianship document gives another adult the legal right to make everyday decisions for your child without waiting for court approval. This includes: medical care, school pick-up, housing, and even travel.

This is often set up with two named guardians: a primary and a backup. They should include full legal names, addresses, and passport numbers. The form should activate if you're detained, removed, or suddenly must leave the U.S. The document can be drafted in the state where your child lives and also in the guardian’s state if they differ—some states limit validity to just 60 days without court involvement.

Financial Power of Attorney

If you’re gone, who pays the rent? Who can access your account to buy groceries for your child or make sure your phone bill stays paid?

A durable financial power of attorney gives someone you trust the legal power to act on your behalf. They can sign tax returns, transfer funds, talk to your landlord, and manage your business or property. It’s important to make the document clear: which accounts can they touch? Can they sell property? Talk to your kid’s school or doctor? Say so directly. If you have assets overseas, you may need to draft a separate power of attorney in that country—foreign banks rarely honor U.S. documents.

Don't Let Tax Rules Undermine Your Estate

Immigration status changes your tax exposure, especially if you own property or have a spouse who isn’t a U.S. citizen. A non-citizen spouse doesn’t automatically inherit tax-free. A Qualified Domestic Trust (QDOT) can preserve those rights and delay taxation until distributions are made.

Also, if you leave the U.S. without formally expatriating, you may still be considered a U.S. domiciliary for tax purposes. That means your estate could owe tax even after you’re gone. Add clear instructions for your financial agent to work with your tax preparer and file foreign account reports if required.

Be Ready Before You Have To Be

A travel letter that lets a guardian take your child abroad. A health-care proxy that names someone to speak with a doctor. A sealed envelope with account numbers and passwords. These are the details that turn chaos into calm.

Immigration uncertainty doesn’t have to erase your planning. These documents keep your family, your home, and your wealth within reach—even if your physical presence is taken away. Write them when life is quiet, so they can speak when you can’t.

Need to Prepare? Call LT Fobi Law at 470-461-7703

If you’re in the Atlanta area and want to make sure your family is protected no matter what immigration throws your way, LT Fobi Law, LLC is ready to help. We believe every family deserves the tools to secure what matters most to your family. Call today and let’s put your plan in writing.