While 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 ICE may detain US citizens based on, for example, misidentification, outdated records, or confusion about a person’s citizenship status.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...
Seguir leyendoDeportation — officially called “removal” under U.S. law is the legal process the government uses to remove a non-citizen from the country. What is the most common reason for deportation? Historically, criminal convictions have topped the list. But 2025 marked a significant shift in how immigration enforcement operates: nearly 50% of detained and deported individuals in 2025 had no...
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...
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 leyendoMarriage to a US citizen can provide a path to lawful status. But can you be deported if you are married to a US citizen? Even if you are married to a citizen, you can still face deportation. Sometimes, you can avoid deportation based on your marriage, but it is not a guarantee, especially if you have a history...
Seguir leyendoThe U Visa is unique among U.S. visas. It allows crime victims to receive a visa and eventually a green card so long as they cooperate with the criminal investigation. A U Visa petition (Form I-918) currently takes anywhere from 5 to 10 years to process. This massive delay stems from a significant backlog and a strict Congressional cap...
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, individuals in the U.S....
Seguir leyendoYou 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...
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 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...
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