Immigration
What are your constitutional rights of LPR or non-LPR?
The Constitution establishes citizenship for persons born within the United States who are subject to the jurisdiction of the United States. For individuals not born in the United States, Congress determines who may be admitted and who can be expelled.
While Congress has broad power to determine who may be admitted and who may acquire citizenship, this does not mean that non-citizens who seek admission, or who are within the United States have no rights. The legal rights of non-citizens depend on their immigration situation is the person seeking admission, or physically within the United States.
Once an alien is admitted to the United States, constitutional rights such as equal protection are implicated. The Constitution provides that non-citizens within the United States may not be deprived of their liberty or property without due process of law. It grants all persons within the United States certain levels of equal protection under the law; even aliens facing criminal charges are afforded full Fifth Amendment protection.
- Non-immigrant visas – click here
- Immigrant visas click here
- Naturalization & Citizenship click here
- Consulates click here
Removal Proceedings – What is the process?
Removal Proceedings are commenced by the government filing a Notice to Appear (NTA), or Form I-862, by personal service, by mail, or with a respondent’s counsel. The hearing is conducted before an Immigration Judge (IJ). The respondent has the right to counsel. A record of the proceedings is kept on tape. At the conclusion of the hearing, it is common for the IJ to immediately decide the case and issue a decision. In more complicated cases, the judge will adjourn the proceedings and issue a written decision. An appeal of the decision must be made within 30 calendar days.