North Dakota Recent Legal Answers from Lawyers

Hello. Whether he has a chance at staying in the US depends on several factors, how he entered the US, is he married to a US citizen, are his kids US citizens at least 21 years of age, does he have any criminal history,etc.. ICE may exercise prosecutorial discretion to allow him to remain here even if there is no legal means to apply for him to stay here. Please contact me for a free consultation to see if his particular case warrants a good chance at staying here.... Read More

You haven't said whether you and the child's father were ever married.  If you are, and haven't divorced, you'd need to request sole legal and physical custody in your divorce complaint.  If you are divorced and there iare already custody orders in place, you'd need to file a petition to modify them.  Likewise, if you never married, but there are paternity and child custody orders already in place, you'd need to file a petition to modify.  If you never married and no paternity and child custody orders have ever been entered, you'd need to file a paternity case, again, asking for sole legal and physical custody.... Read More

Generally speaking, a state may adopt environmental regulations that are more stringent than corresponding federal regulations on the same issue.  The exception to this general rule comes into play when the federal law is clearly intended to provide for a uniform system of regulations throughout all the states.  In such a case, the more stringent state regulations are considered to be "preempted" by the federal regulations. This is a question of law that an attorney in your state should be consulted to consider. I hope this answer helps you.  Good luck.  ... Read More

You can sue your ex-boyfriend for his breach of the contract to repay the loan you made to him.  However, after four years, the statute of limitations on your claim may have run out (I don't know what the statute of limitations for breach of contract is in North Dakota, but some states' limitations period for such claims are shorter than that.)... Read More

It is unclear whether no lawsuit has yet been filed, if you are still in litigation, or whether there has already been a litigation which resulted in a judgment against you.  If you have not yet been sued, and have no agreement obligating you to show your tax returns to the other side, you have no obligation to do so.  Of course, it may be that the attorney is demanding your tax returns because his client won't sue you if you can demonstrate that you don't have significant financial resouces, in which case refusing the demand can result in you getting sued. If you are in litigation, litigants are entitled to see the other side's documents that are relevant to the case.  However, even if the tax returns would be relevant, they are usually (but not always) protected from discovery.  Other financial information, however, again assuming it is relevant, is usually fair game. If a judgment has been entered against you and has not been paid, the judgment creditor is entitled to get discovery about your financial situation in an attempt to locate assets which can be used to satisfy the judgment.  In this context, you may be required to produce your tax records.... Read More

Most contracts do not have to be in writing to be enforceable.  You don't say what the contract is for, and I am not specifically familiar with ND law, but the following are some categories of contracts which have to be in writing under the law of most states:  contracts which cannot be performed within one year,  contracts for the sale of real estate, and contracts for the sale of goods for over $500.  There may be some other types of contracts which have to be in writing under ND law, but those you can be pretty sure about. However, even where the law requires that a contract must be in writing, there are exceptions which may apply to your situation.  For example, if the contract has been partially performed, and the performance can only be explained by the existence of a contract.  Also, if you detrimentally relied on the other side's promise (i.e. spent money or time based on the oral contract, which you did here), he may be estopped to deny the existence of the contract.  However, if both sides understood that they would not have a binding contract until there was a signed, written agreement, then you are probably out of luck.... Read More

Your wife can sue those who made the false statements for slander and/or libel (depending on whether the false accusations were written or oral).  Whether she can successfully sue the owners of the business (I am assuming that the business is not a separate legal entity; if, for example, the business is incorporated, the corporation may be liable for the actions of its employees, but the individual shareholders of the corporation would not be, although they could be liable for their own actions if they participated in the defamation themselves)  is a more difficult issue.  Assuming they did not participate in the defamation themselves, by either spreading the lies or instructing their employees to do so, they could still possibly be found liable if the wrongful acts of the employees were done in the course and scope of their employment.  For example, if the employees defamed you in an attempt to gain a competitive edge for their employer, that would be in the scope of their employment, and the employer would likely be responsible.  If that same employee gossiped about your wife to his brother-in-law, having nothing to do with the business, the employer would probably not be liable.... Read More

The question is whether the religious marriage is considered a legal marriage in your home country. If so, you would be able to file the I-130 petition to begin the process of having him/her come over as your spouse. Very few individuals apply for the K-3 visa anymore because I-130 petitions for spouses of US citizens are being adjudicated within a reasonable time, and the entire purpose of the K-3 was to allow faster entry due to USCIS processing delays on the I-130 petitions. If the religious marriage is not recognized as a legal marriage, you may attempt to bring him or her over as a fiancé under the K-1 visa which is available to US citizens. A petition would be submitted on form I-129F to USCIS with proof of a bona fide relationship.  ... Read More

It would depend on what the comment was that placed on your Facebook account and how the employer was able to get access to this.  Certain postings that relate to the terms and conditions of your job might be protected.  A negative comment about your boss or the company may not be.  It depends on what you posted.... Read More

The answer to this depends on a number of factors including whether your state considers payroll taxes a tax required to be collected, or a tax measured by gross receipts as well as the standard factors of how old the taxes are, when the returns were filed and other considerations.  For payroll taxes, I assume you are referring to the trust fund portion required to be paid by the employer.  That is never dischargeable in any bankruptcy case. You need to consult with an experienced bankruptcy attorney in your area for more details. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. ... Read More

Dear Martin,   In order to answer your question fully, I would need to know the particulars of your situation.  First I would need to knowwhat your immigration status is.  I would need to know your entire criminal record, including any dismissed charges, and I would need to know all the details of your marijuana conviction.  The law you would be dealing upon returining to the US is the law on admissibility.  Conviction (or admitting the elements) of a drug crime, among others, can make a person inadmissible.  However, there is a waiver where the alien is requesting a waiver of only one such offense, where the drug is marijuana only, and the amount is 30 grams or less for personal use.  I  think you would be well advised to have your case looked at carefully before you depart the US.  If you want to consult on this matter with our office we can schedule a telephonic or in person consultation by calling (619) 291-1112. Best regards, Jan Joseph Bejar, Esq.   ... Read More

Section 201(b) of the Nationality Act, effective January 13, 1941, declared that persons born in the United States to members of an Indian, Eskimo, Aleutian, or other aboriginal tribe were nationals and citizens of the United States at birth. The Immigration and Nationality Act (INA), 301(b) (8 U.S.C. 1401(b)) (formerly INA 301(a)(2)), in effect from December 24, 1952, restates this provision. What this means is that as a Native American, you may petition for a foreign spouse as a US citizen.  If you are not yet married and your fiance is still in Mexico, the most efficient way to proceed is to seek a fiance visa.  Once your Mexican fiance is in the US, you would need to marry within 90 days and the file for a green card after that.... Read More

It is hard to tell you whether you have a medical malpractice case worth investigating on the information you provided. It sounds like you are saying a young lady passed away because they failed to diagnose a brain tumor. The big question in most failure to diagnose cancer cases is whether the plaintiff can prove that the defendant’s negligent care proximately caused the damages suffered by the plaintiff. In essence, the plaintiff must be able  to show that earlier intervention would have changed the outcome. This is  a fact sensitive inquiry. An attorney will have to review the medical records and often get experts to review the pertinent radiography films to determine when accepted standards of care should have compelled a doctor to investigate the possible diagnosis. Then, if it is determined that the cancer was present and detectible, the next question becomes what was the likely stage/prognosis when the cancer should have been discovered. If the cancer was at an early stage when it should have been discovered, the case is more likely to be viable. If you want to investigate your case further, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. 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  Skype: john_ratkowitz Web: www.starrgern.com.... Read More