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...
Continue ReadingIf 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...
Continue ReadingYou 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...
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 ICE may detain US citizens based on, for example, misidentification, outdated records, or confusion about a person’s citizenship status.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 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 ReadingWritten by Helen L. Parsonage, an immigration and criminal defense attorney admitted to federal courts across North Carolina. 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...
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 ReadingAsylum 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...
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 ReadingWhen 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...
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