Deportation—referred to as “removal” in U.S. law—is the legal process of removing a non-citizen from the country for violating immigration laws. What is the most common reason for deportation? The most common reason is criminal activity. Other common reasons include being unlawfully present in the U.S., committing fraud, violating the terms or conditions of a visa, and failing to...
Seguir leyendoDo 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...
Seguir leyendoAsylum 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...
Seguir leyendoYou 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...
Seguir leyendoBecoming a U.S. citizen through the naturalization process takes many steps and years. But are there significant differences between U.S. citizenship vs. naturalization? In short, naturalization is one way to obtain U.S. citizenship. Naturalized citizens have essentially the same legal rights as those who obtained citizenship in another way. The primary difference, then, is the naturalization process. Contact EMP...
Seguir leyendoWhen the US government concludes you are in the country without authorization or have violated the terms of your status, it may place you in removal or deportation proceedings. These proceedings are how the government determines whether non-US citizens have the legal right to come to or stay in the US. A Master Hearing is the first step in the Immigration...
Seguir leyendoCan 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...
Seguir leyendoIf 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,...
Seguir leyendoDoctors assign temporary work restrictions based on medical opinion, but permanent restrictions usually result from a functional capacity evaluation (FCE). Physicians use FCEs to define long-term work limitations. If you are injured at work, you will quickly become familiar with the different exams and evaluations likely required to return to work, including the functional capacity evaluation. FCE (Functional Capacity...
Seguir leyendoIf you have been injured at work and your workers’ comp claim is denied, you are undoubtedly worried about your medical expenses piling up. There are options to paying your medical bills, even when workers’ comp denies the claim. Health insurance covers bills consistent with your policy, but a denied claim may lead to high out-of-pocket costs. Insurers also...
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