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...
Continue ReadingDoctors 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...
Continue ReadingWhile 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 ICE may detain US citizens based on, for example, misidentification, outdated records, or confusion about a person’s citizenship status.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...
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 ReadingIf 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...
Continue ReadingThe 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...
Continue ReadingApplying 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...
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 ReadingBecoming 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...
Continue ReadingAn unexpected visit from U.S. Immigration and Customs Enforcement (ICE) can be frightening. If you are wondering what to do if ICE comes to your door, the most important thing to do is stay calm and remember that you have rights under the U.S. Constitution, regardless of immigration status. Our immigration attorneys have helped individuals and families across North...
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