By EMP Law | Read Time: 7 minutes | Immigration Law

Form I-751 Processing Time to Remove Residency Conditions

Usually, non-citizens working to obtain U.S. immigration benefits quickly become familiar with United States Citizenship and Immigration Services (USCIS) and its routine and extensive processing delays. USCIS’s Form I-751, Petition to Remove Conditions on Residence, has fallen victim to excessive delays, resulting in the expected Form I-751 processing time taking longer than a conditional permanent resident card. I-751 processing...

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By EMP Law | Read Time: 3 minutes | Immigration

How Long Can You Be Held Before Deportation?

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 hours while deciding whether to begin removal (deportation) proceedings.  If ICE initiates a deportation proceeding in immigration court,...

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By EMP Law | Read Time: 4 minutes | Immigration Law

How Can Undocumented Immigrants Get a Green Card?

For many noncitizens, obtaining a green card represents stability and security in the U.S. Can undocumented immigrants get a green card? Yes, but qualifying without first leaving the U.S. is often challenging. At EMP Law, we understand the challenges undocumented immigrants face. Our team of experienced immigration lawyers is dedicated to helping individuals navigate the U.S. immigration system with...

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By EMP Law | Read Time: 3 minutes | Employment Law

North Carolina Rest and Meal Break Laws

Work is rewarding, but it can also be exhausting. So what do North Carolina labor laws say about breaks during the workday? Unfortunately, there are very few federal or NC labor laws about breaks at work. In fact, neither federal nor North Carolina labor laws require employers to give employees rest or meal breaks if they are over the...

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By EMP Law | Read Time: 4 minutes | Workers Compensation Law

Functional Capacity Evaluation (FCE) in Workers’ Comp Cases

Doctors 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...

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By EMP Law | Read Time: 3 minutes | Immigration

Can a US Citizen Be Detained by ICE?

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...

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By EMP Law | Read Time: 3 minutes | Immigration

Can You Return to the U.S. After Being Deported?

If 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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By EMP Law | Read Time: 7 minutes | Immigration Law

What Is the U Visa Processing Time?

The 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. As of 2025, U Visa processing through USCIS takes approximately 32.7 months for Form I-918. This timeframe includes review, background checks, and waiting for visa availability. Processing times vary...

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By EMP Law | Read Time: 5 minutes | Immigration Law

Becoming a Permanent Resident With USCIS Form I-485

Applying for permanent residency, also known as getting a green card, is an exciting time in any intending immigrant’s life. It means you are one step closer to being able to stay in the U.S. permanently. If you are applying for a green card when already in the U.S., you may submit Form I-485 with another form or on...

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By EMP Law | Read Time: 4 minutes | Immigration

What Rights Do Undocumented Immigrants Have in the US?

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...

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