What happens if an immigration judge denies your request for immigration benefits or orders your removal from the US? Is this the end of your case? Who can you turn to for help? Fortunately, the immigration system allows you to challenge the ruling or order. Just as important, you do not have to do it alone. In the face...
Continue ReadingBringing your parents to live permanently in the United States can be an exciting step for your family. If you’re a U.S. citizen, you may be eligible to sponsor your mother or father for a green card. While the process can seem complex, it generally involves verifying eligibility, filing an immigrant petition, completing the green card application process, attending...
Continue ReadingWhile a US citizen detained by ICE cannot be deported, ICE sometimes detains citizens in error. ICE may detain US citizens based on, for example, misidentification, outdated records, or confusion about a person’s citizenship status. Understanding what to do if ICE stops you and you are a US citizen is essential to protecting your rights. At EMP Law, we...
Continue ReadingAsylum is one of the most important ways for individuals fleeing danger to find a safe new home. Asylees—individuals who have been granted asylum protection—must wait at least one year after being granted asylum before applying for a green card—lawful permanent resident status. Once that year passes, how long it takes to get a green card after asylum approval...
Continue ReadingDo illegal immigrants have constitutional rights? Does the Constitution apply to illegal immigrants? Do illegal immigrants have rights? What rights do illegal immigrants have? While we object to calling undocumented individuals “illegal immigrants,” we understand that many people wonder, What rights do immigrants have in the United States? Do illegal immigrants have constitutional rights? Yes, individuals in the U.S....
Continue ReadingYou may be wondering, How long do you have to be married to get a green card? You can apply for a marriage-based green card immediately after marriage because U.S. immigration law does not require a minimum marriage length. Applicants married less than two years at approval receive a 2-year conditional green card, while applicants married more than two...
Continue ReadingCan a U.S. citizen be deported? The short, practical answer is no—U.S. citizens generally cannot be deported. Once someone becomes a U.S. citizen, they have full constitutional protections and the right to remain in the country. Although they apply to very few individuals, U.S. law does authorize the government to revoke citizenship in specific and rare circumstances through a...
Continue ReadingWritten by Helen L. Parsonage, an immigration and criminal defense attorney admitted to federal courts across North Carolina. If Immigration and Customs Enforcement (ICE) detains you, you may wonder: How long can ICE hold you before deportation? The answer depends on the specifics of your situation. ICE can request local criminal agencies hold a person for up to 48...
Continue ReadingA notice to appear can feel frightening because it means the federal government has started removal (deportation) proceedings against you. It starts the removal or deportation process by requiring you to appear in immigration court. An NTA does not mean the court will automatically order removal, but it does trigger deadlines and responsibilities that can affect your ability to...
Continue ReadingAsylum in the US allows people fleeing persecution, violence, or threats based on who they are or what they believe to find safety and begin rebuilding their lives. To apply for asylum, a person must reasonably fear that returning home would expose them to persecution, meaning serious harm or threats caused by the government or by groups the government...
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