Minnesota Recent Legal Answers from Lawyers

I would recommend that your daughter have a lawyer help her with this case. There is a possibility of keeping the conviction off of her record. Whether it's a misdemeanor or petty misdemeanor, it will still be an offense that can show up in background checks as your daughter makes her way through her education and the professional world.... Read Answer

Have you violated any controlled substances laws? The question does not ask if you were convicted of any controlled substances laws, but rather whether you have violated the law. You can violate the law without being convicted. A violation of a controlled substances law would most likely result in a denial of your visa application. You can read more about nonimmigrant visas at http://myattorneyusa.com/nonimmigrant-visas.... Read Answer

In adopting a foreign national, you would have to go through a process with U.S.C.I.S. and usually US consulate overseas if the child is located in another country. Orphans from most countries would have to be adopted in accordance with the Hague convention. Otherwise they must be adopted by the age of 16, and you would have to be able to establish both legal and physical custody for two years prior to submitting a petition to U.S.C.I.S.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

The maximum period of stay your mom would be granted is six months. Your mom cannot enter the United States with a tourist visa if her intent is to remain and seek permanent residence. Such conduct can be considered material misrepresentation, which makes your mother permanently ineligible for permanent residence without a waiver. You could minimize the period of separation by filing the Form I-130 after she arrives. Filing before she arrives can lead to her being denied admission and subjected to expedited removal. Your mother can stay the maximum time authorized and depart in s timely manner. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

A permanent resident cannot petition for his/her siblings. Only a United States citizen can file an immigrant visa petition on behalf of a sibling. The process currently takes ten to twelve years due to limited visa availability. Your brother should consider other options like immigration through employment or an employment-based nonimmigrant visa. You can read more about nonimmigrant visas at http://myattorneyusa.com/work-visas.... Read Answer

You're charged with a crime. If you play your cards right, it's possible to make it through this thing without a permanent criminal conviction. In order to prove you guilty, the government must prove that you intentionally tried to steal. I strongly recommend that you retain an attorney to help you defend against this charge.... Read Answer

It is risky traveling to Ecuador at this stage with advance parole. You could have difficult few-entering if your application is denied. If approved, sending a green card is risky as it may get lost. Have you tried checking your receipt numbers at www.uscis.gov? If your application has been approved, you could obtain a stamp in your passport that is proof of residence. You may want to consider an infopass appointment at the office where you were interviewed if no decision has been made.... Read Answer

You would still be able to seek adjustment of status through your marriage to a United States citizen even though your I-94 was terminated. While you are currently out of status and accruing unlawful presence, these immigration violations are automatically waived for spouses of United States citizens. You should move forward sooner rather than later as each day you spend out of status increases your risk of removal proceedings being initiated. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

I understand your and you are concerned about your boyfriend but please understand it is difficult to assess what can be without knowing his immigration history. It is not clear whether he has been ordered removed or pending removal proceedings. I would recommend you consult an attorney directly about what can be done. You can read more about removal proceedings defense at http://myattorneyusa.com/removal-and-deportation-defense.... Read Answer

You can be charged, yes. But, that's a much different question than if you can be convicted. To convict you of a crime, the government must prove beyond a reasonable doubt that you committed the crime. I recommend not saying any more to anyone about the case. Don't talk to the police. Don't post anything online. If you are charged, retain an attorney to defend you.... Read Answer

Your father will need to file immigrant visa petitions on behalf of his wife and stepchildren. As part of the process, these immigrants will need to demonstrate they will not become public charges. Your father must file an affidavit of support regardless of his income. You may also file an affidavit of support as a joint sponsor. You will need to file Form I-864. You should make sure your income and/or assets meet the Form I-864P requirements. You can read more at http://myattorneyusa.com/overcoming-presumption-of-public-charge.... Read Answer

You may be a United States citizen. There is not enough information to assess the matter. You can read more about the requirements at http://myattorneyusa.com/deriving-citizenship-through-parents-after-birth. In addition, you may be able to qualify for a fee waiver in order to request a replacement green card or to apply for naturalization. Read the instructions to Form I-912 found at www.uscis.gov.... Read Answer

No. Assuming you are a United States citizen, your paren would be considered an immediate relative. There are no derivative beneficiaries of immediate relative petitions. You would have to file for your parent and sibling independently. Your parent can also petition for your sibling once he/she becomes a green card holder. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Assuming that the wife is a U. S. citizen or permanent resident, she would petition for him and he would ultimately be interviewed at the American consulate or Embassy overseas. He would be refused for an immigrant visa and if eligible for a waiver, he would be instructed by the consulate or embassy to file one. If the ground was illegal presence in the U. S. for a year or more, he would be instructed to file an I-601 Application for Waiver of Ground of Excludability. If he was deported, he would be instructed to file form I-212 Application for Permission to Reapply for Admission into the U. S. after Deportation or Removal. Such waiver applications would be adjudicated by U.S.C.I.S., usually within a year. 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

Was the officer trying to pull you over when you stopped and ran? If so, then you may face a charge of fleeing police. Could be felony fleeing if they allege that you fled in a vehicle, even for a short period of time. If not, then all they might have on you is the reckless driving or other traffic offenses. I'd say everything depends on whether the cops can identify you. If they don't know that you were driving the car, then nothing may come of it. I recommend that you get a lawyer retained to defend you.... Read Answer