Moving to the United States opens up a great many possibilities, but it also brings certain obligations. Whether you have come on a study visa or a work contract, have received a green card or are only planning a long stay, it is important to understand your rights and to know which requirements of the law you have to observe.
The American legal system is built on the principle that everyone is equal before the law. That means most basic rights extend not only to US citizens but to foreign nationals lawfully in the country. At the same time every resident is obliged to observe federal, state and local law.
Understanding your rights helps you feel more confident, and knowing your obligations keeps you out of unpleasant situations and legal trouble.
Basic human rights
The US Constitution guarantees a broad list of civil liberties. Many of them extend to almost everyone in the country. A person has the right, for instance, to be treated with respect, to have their person and property protected, to a fair trial and to express their own opinion within the law. These principles are the foundation of the American legal system and are protected by the state.
If a person's rights are violated, they can turn to government bodies, to law enforcement or to the courts to defend them.
The right to equal treatment
One of the most important principles of American law is the prohibition of discrimination. Employers, educational institutions, government offices and many other organisations have no right to make decisions on the basis of nationality, skin colour, religion, sex, age, disability or other characteristics protected by law.
If a person believes they have met with discrimination, they have the right to file a formal complaint and to seek redress.
The right to work
Most foreign residents of the United States have the right to work officially if they hold the relevant authorisation. An employee has the right to be paid in line with the terms of their contract, to work in safe conditions and to be protected by employment law.
The employer, for its part, is obliged to observe federal and local pay rules, to provide safe working conditions and to allow no unlawful discrimination against staff.
If an employment dispute arises, the employee has the right to approach the relevant government bodies or to seek legal help.
The right to education
Children have the right to attend state schools whatever the family's immigration status. Higher education is open to citizens and foreign students alike, though the entry conditions, the cost of study and the availability of financial aid can differ substantially.
Many universities give foreign students additional support programmes, advice and academic guidance.
The right to medical care
Everyone in the United States has the right to receive emergency medical care. If life is at risk, hospital staff are obliged to provide the treatment needed whether or not the person has insurance or immigration status.
For planned treatment medical insurance is usually needed, but there are government programmes and charitable organisations that help people in difficult circumstances obtain medical care.
The duty to obey the law
Along with rights, a person takes on obligations. Above all, US law has to be obeyed. That applies to federal law and to the rules of the particular state where you live.
Particular attention goes to observing:
- the rules of the road;
- tax law;
- immigration requirements;
- the terms of an employment contract.
Even minor breaches can lead to fines or other legal consequences.
Financial obligations
Almost everyone who works has to pay tax. Besides tax, it is important to meet every financial obligation on time: rent, utilities, loans and bills.
Credit history matters a great deal in the United States. It is used by banks, landlords, insurance companies and sometimes employers. That is why a responsible attitude to money becomes part of settling in successfully.
Respect for private property
American law protects property rights very seriously indeed. Entering private land without the owner's permission, deliberately damaging property or trying to make unlawful use of someone else's property can be treated as serious offences.
Even if a piece of land looks open, a Private Property or No Trespassing sign means entry is forbidden without permission.
Dealing with the police
When speaking to police officers it is important to stay calm and to comply with lawful instructions. If you disagree with what an officer is doing, do not argue during the stop itself. Most such matters are resolved later, by the procedure the law lays down.
During any such encounter it is advisable to have identification with you, and documents proving your right to be in the country if the law requires them.
Observing the immigration rules
For foreign nationals, observing immigration law matters particularly. You have to keep a careful eye on the expiry of your visa, work permit or other documents, file applications to extend your status on time, and keep to the conditions of your stay in the country.
With any change connected with immigration status, it is best to consult a specialist in advance.
Parents' responsibilities
If a family moves with children, the parents carry a number of obligations. They have to make sure the children receive an education, observe the requirements of the law on the safety of minors, and comply with the decisions of government bodies concerning the protection of the child's interests.
American law pays a great deal of attention to children's welfare, so any breach in this area is treated very seriously.
How to defend your rights
It is worth remembering that having rights does not in itself guarantee they will be protected automatically.
If a dispute arises, it helps to:
- keep documents;
- keep a record of correspondence;
- gather supporting material;
- seek legal advice promptly.
The sooner a person begins to defend their interests by lawful means, the greater the chance that the problem will be resolved successfully.
Life in the United States rests on a balance of rights and obligations. The law gives a person wide scope to work, to study, to run a business and to defend their interests. At the same time it requires them to observe the established rules and to respect the rights of others.
Understanding the basic principles of American law helps you settle in faster, feel more confident and make the right decisions in everyday life. The better a person knows their rights and their obligations, the easier it is for them to build a successful and secure life in the United States.
End of the article.
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