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. A U Visa petition (Form I-918) currently takes anywhere from 5 to 10 years to process. This massive delay stems from a significant backlog and a strict Congressional cap...
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, individuals in the U.S....
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 ReadingCan 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 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 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 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...
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 ReadingWorkers’ 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,...
Continue ReadingA 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...
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