Do 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, immigrants are protected by...
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 ReadingYou may be wondering, How long do you have to be married to get a green card? As long as you are in a genuine, legal marriage, there is no length requirement. Marrying a U.S. citizen is one of the fastest ways to get a green card. The total wait time for a marriage-based green card averages about 9.3...
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 ReadingIf 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 hours while deciding whether to begin removal (deportation) proceedings. If ICE initiates a deportation proceeding in immigration court,...
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 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 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...
Continue ReadingIn 2025, the U.S. immigration law landscape is undergoing significant change. The Trump administration is in its second term and has made immigration a key area of emphasis. The year’s new immigration laws reflect a shift toward stricter enforcement, updated application procedures, and changing eligibility rules that affect families, workers, and humanitarian applicants alike. At EMP Law, our North...
Continue ReadingIf you get deported, can you come back? The answer depends on the specifics of your case and why you were deported. Some people must wait years before applying to reenter the country, while others cannot return unless they first obtain a very limited waiver. Understanding the rules is essential if you or a loved one is facing or...
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