Can 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 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 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, immigrants are protected by...
Continue ReadingMarriage 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...
Continue ReadingDeportation—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...
Continue ReadingUsually, 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...
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 ReadingFor 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...
Continue ReadingWork 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...
Continue Reading