Minnesota Recent Legal Answers from Lawyers

Assuming that the child is not a U. S. citizen or permanent resident and qualifies as an orphan by reason of death, disappearance, abandonment and/or desertion, separation, or loss of both parents and is under the age of 16, you can attempt to adopt him and bring him to the U. S. as an orphan child. Procedures may differ whether the child’s country is a signatory to the Hague Convention, but the basic process is adoption and a homestudy to determine whether the home environment will be conducive to the child. For non-Hague convention countries, an I- 600 orphan petition can be filed. For Hague country signatories, forms I-800 and I-800A can be filed. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

This crime carries a mandatory minimum prison sentence. Your husband needs an experienced attorney right away. There may be some viable defenses to the charges, but he won't know until he retains counsel to review the case and defend him. It is also possible to convince the prosecutor or the court to deviate from the mandatory prison sentence, but it won't happen without some skilled legal advocacy. I'd be happy to discuss options with you. Good luck.... Read Answer

You will have another chance at the time of interview to inform the immigration examiner of the 2 tickets and the on-call job that you have on the side. U.S.C.I.S. will not have looked at your application seriously until the time of interview. Most U.S.C.I.S. officers would not put a case on hold just because an applicant did not put everything down on the application as long as the individual brings it up timely on the date of interview. I suggest that you obtain the dispositions of the 2 tickets along with any receipts to show that they were paid and also bring the tax returns that would show that wages were declared for your on-call job.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Unless there is a contractual provision saying otherwise (whether an individual employment agreement, or a collective bargaining agreement), and assuming that the employer is not disciminating on the basis of race, religion, gender, or some other statutorily prohibited basis, I am aware of no law which mandates that an employer must give raises, other than to keep up with minimum wage statutes.... Read Answer

No, the bankruptcy automatic stay only protects the person who is filing bankruptcy, not anybody else who may be affected such as a cold borrower. You may get an attorney and file motions in bankruptcy court to attempt to have this situation remedied, this is really not something you to be able to do without attorney unless you are as knowledgeable as an attorney and I feel it would be a great disservice to attempt to explain how this is done. With that being said, you may always file your own chapter 13 bankruptcy and use that to pay back the arrears on the mortgage. The problem here is the bank would not of giving you the money to purchase a home if the cold borrower who is filing bankruptcy now was not on the note, so their justification would be since they no longer have the security of that cold borrower, they no longer want to continue holding the note under your name. Depending on your state's laws, in most states someone cannot be prosecuted simply because they or someone else is filing for bankruptcy, there may be something in your state laws that would protect you. But if you simply hired a bankruptcy attorney can file a motion on this matter, the situation should be able to resolved in bankruptcy court. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob... Read Answer

Very unlikely.  If the party owed money continually allows the other party to pay late, the first party may waive the right to receive payments exactly on time, but that would not void the entire contract.  Moreover, many contracts contain clauses that provide that consenting to a modification in a given instance (like accepting a late payment) does not constitute a waiver of any contractual rights.... Read Answer

If I understand you correctly, you maintain that one of the shareholders of a corporation has taken money which should have been distributed to all the shareholders, either because he took corporate money or he stole a corporate opportunity (i.e. he did a job, or made an investment, etc., individually which he should have done for the corporation.)  If so, the corporation can sue the individual to recover the monies.  In certain cases, for example where the offending party controls the corporation and will not agree to have the corporation sue himself, one or more of the corporation's other shareholders can bring suit in the corporation's name. ... Read Answer

Hello. The green card is produced with a start date on the day he arrives in the US. Thus, if he arrives before the anniversary, it will be 2 years. His actual immigrant visa he gets in the passport should be good for several months and thus, he can delay his arrival to pass the 2nd anniversary. Good Luck!... Read Answer

Legal rights to a book vest initially in the author and can be conveyed only by a signed written document. Generally speaking, the author of the work is the person(s) who controls the creation of the work. Submission of ideas does not create authorship if you controlled which ideas were included and how they were included. An editor will often provide an author with ideas for reshaping a draft to produce a book and the contributions of the editor do not amount to authorship. When a book is made into a movie, the author of the book is not regarded as the author of the movie (although the author does have rights in the movie because it is derivative of the author's copyrights in the book). Good luck, Todd... Read Answer

If your recruiter lied to you to induce you to enter the contract, you may be able to void the contract on the basis of fraud (although if you would have discovered the lies by reading the contract you have little chance of winning), but just the fact that the date is one day off is not sufficient.... Read Answer

If the child lived in Minnesota for the last two years and that's where your son lives, he can serve her with Minnesota pleadings and have our courts ensure his rights from his home state. In the course of addressing the matters of legal custody, physical custody, and parenting time the question of financial child support will also be addressed. You are correct that it is not fair that he has had to bear such a burden to continue his active fatherhood; I just had a case that resulted in my Michigan-resident client and the Minnesota-resident mother having to share transportation expenses/drives to facilitate parenting time. That was a case where she firmly had the grounds for physical custody in your son's case, the fact may bear out that your granddaughter should be in his custody.... Read Answer

It is highly unlikely that your friends have a viable malpractice case. First, you would not immediately suspect a brain tumor in a child with those constellation of symptoms. Second, even if the failure to diagnose the tumor was negligence, it is not likely that a two week delay in diagnosing the condition made a difference in the outcome.  Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

It sounds like your attorney has been paying attention to you since he got the witness statements and is ready to go to trial. The fact that he has asked about pleading means nothing. He is legally obligated to do so. if he does not relay all offers then he is violating the lawyer standards.... Read Answer

If you have been together for 2 1/2 years, it would be very difficult to say that she has committed fraud in marrying you. It is clear from your question that she is residing with you. Her conditions of giving you an ultimatum on your daughter and now your son are not indications of fraud. Under the situation that you describe, your wife may very well be able to obtain a waiver on the basis that she has had a bona fide marriage prior to a divorce.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

Based on the heading, I read your question to be "[with these facts], can you use company logos without their permission?" The facts you've laid out relate to fair use for trademark infringement. There are other ways to infringe a trademark, such as through dillution. Also, without knowing how you are using the logo, it is difficult to know whether your use could fall under a fair use exception for copyright. It is possible to reprint a company logo without permission and without being guilty of trademark or copyright infringement. If Time magazine was doing a story on Coca-Cola, it could arguably use their logo on the front cover of the magazine without permission and without infringing their IP rights. You can look up copyright fair use on Wikipedia and get a reasonable sense of the rules. Good luck, Todd... Read Answer