Do Illegal Immigrants Get Due Process?

The Constitution guarantees due process rights to all persons, so non-citizens and undocumented immigrants receive fair treatment and can defend themselves in court.

What Is “Entry Without Inspection” (EWI)?

EWI means someone entered the US without going through an official border inspection. Committing EWI can limit eligibility for green cards and many other immigration benefits, except for certain humanitarian programs.

Can Undocumented Immigrants Apply for Legal Status?

Undocumented immigrants can apply for legal status only in limited circumstances. Those who qualify for asylum, TPS, or certain victim-based visas (such as the U visa or VAWA) may apply for protection or lawful status. Those who did not commit EWI may also be able to apply for a green card.

Where Can ICE Enforce Immigration Laws?

ICE can make arrests in public areas, such as workplaces, streets, or courthouses. Officers need a judicial warrant to enter a private home. You have the right to ask to see the warrant before opening the door.

Are There Sanctuary Cities in North Carolina?

North Carolina law bans sanctuary policies, although some cities and counties limit communication with ICE to the extent allowed by the law.

Do Undocumented Immigrants Have the Right to an Attorney?

Yes, but you have to find the attorney yourself and generally pay them for their services.

News - EMP Law Firm

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...

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

How Are Medical Bills Paid When Workers’ Comp Is Denied?

If 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...

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

What Is the Average Workers’ Comp Settlement for Surgery?

Workers’ compensation insurance covers surgery costs if the surgery is necessary for your recovery from a work-related injury. Surgery is often essential for treating back injuries, joint issues, or other musculoskeletal conditions. When you’re injured at work, workers’ compensation is designed to help cover the costs of medical care, lost wages, and recovery. But when your injury requires surgery,...

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

What to Expect at Your Master Hearing in Immigration Court

When 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...

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

What Constitutes a Hostile Work Environment in North Carolina?

A hostile work environment is a workplace where unwelcome conduct creates an intimidating, offensive, or abusive atmosphere, violating EEOC legal standards. Harassment is a common example of unwelcome conduct that can contribute to such an environment. North Carolina and federal statutes outlaw harassment in the workplace and provide remedies for employees suffering in hostile work environments. But while kindness...

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

How Long Does the Asylum Process Take?

Asylum allows individuals fleeing dangerous conditions in their home countries to permanently settle in the U.S., potentially saving their lives. But how long does the asylum process take? Many factors influence the typical asylum processing time, including whether the individual is in removal proceedings and the backlog of cases pending with the United States Citizenship and Immigration Services (USCIS)...

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

Can Immigration Deport You If You’re Married to a US Citizen? Legal Facts Explained

Marriage 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...

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

Removal Order vs Deportation Order: Understanding the Legal Differences

If you are facing immigration proceedings or helping a loved one navigate them, you may have come across the concepts of removal and deportation orders. These terms are often used interchangeably. In U.S. immigration law, removal is the broad legal process used to expel non-citizens, replacing the older terms deportation and exclusion, with deportation now referring to a specific...

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

5 Most Common Reasons for Deportation in the United States

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...

By EMP Law | Read Time: 7 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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