North Dakota Recent Legal Answers from Lawyers

You have a very general question that cannot be answered without knowing your particular situation. You should seek consultation with an immigration lawyer. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Visiting and H-2A visas are given in the discretion of an American consular officer based upon the officer’s perception of whether the visa applicant has sufficient ties and bonds with the home country and whether the individual will return to the home country at the end of the period of stay. In your case, it appears that the officer had the perception that you would remain in the US if he/she gave you a visa since you have children in this country. You can try again bringing whatever proof you have of your ties and bonds with the home country. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

You may want to contact your local Alzheimer's Association chapter or an elder lawyer.  You can find an elder lawyer near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).  You may also want to get a marital license or, if your county does this, register your informal marriage with the county clerk so that you can visit your husband, speak for him when he cannot communicate, etc.... Read Answer

This varies by whether you only need a codicil (amendment) or a new Will.  If your Will is several years old, it likely does not address important changes in the law.  Your situation, too, may have changed.  This also varies by location and attorney.  Please discus it with some estate planning attorneys in your area.... Read Answer

A Will has no legal effect until a court admits it to probate (proving that it is the Will of the person who died.)  A person named as executor in a Will only becomes the executor when a court appoints him and issues Letters Testamentary, giving him legal authority over the deceased's property, authority to pay the bills as state law requires and to distribute what remains according to the Will.... Read Answer

If you have a valid contract, the owner can't change any of the terms without your consent  unless the contract provides that he can.   Thus, for example, if the contract provided that you can farm such acres as the owner shall designate, he could change the acreage.  If there is no provision giving him the right to change the terms, however, then he cannot legally do so. I see no reason in your email why your contract should not be valid, but the law may be different in North Dakota.  Your contract is in writing and signed, and in the states in which I practice would not require any further formality to be valid.  Again, it is possible that North Dakota law would require that the contract be witnessed, notarizede, or some other formality, but I would doubt it.... Read Answer

Who are you and what is your relation to these girls? What attorney has been representing and or doing such a terrible job? If there is no lawyer on the girl's father side than most likely, you can not expect any different results. The fact of the matter is not that how much a guardian ad litem would cost as the court will bring one in and both sides should share the expense of it 50/50. However, depending on the kind of lawyer that represents you, will be able to get the job done in a timely manner. From my standpoint, you guys really need an aggressive attorney at this point.  Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. Child Custody cases are not cheap and with our knowledge, skills, competency and aggressive nature for fighting tooth and nail for our clients and their families, we normally charge $4,500 for such cases. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options.  Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in North Dakota.... Read Answer

Did you have a contract, either individually or through collective bargaining, which limited your employer's right to fire you?  Sometimes such a contract can be established through an employee manual.  If not, you could have been fired for any reason not prohibited by statute (e.g. race, religion, age, etc.), breach or not, for cause or not.  Thus, unless you have such a contract, or you believe that the claimed "breach" was a pretext and you were really fired because of your race, religion, etc., you don't appear to have a claim for the firing  You might have a defamation claim if your former employer lies in the references it gives you. but if the employer says you violated confidentiality, it will be your burden to show that that statement was false and that the employer knew it (as opposed to the unemployment heaering where it was the employer's burden), and that absent such a lie you would have gotten another job.... Read Answer

it is possible that ND law is different than in the states in which I practice, but I don't think you have the right to repossess unless your contract specifically provides for that right.  After you obtain a judgment, you would have enhanced rights, but right now you are just a person making a claim that the other side denies.... Read Answer

A lot of questions here. First, unless your contract says you can, you can't repossess until a court award you judgment and you employ the proper procedures.  You've written  your side, but the Court would have to hear both sides before deciding who is in the right. Second, while you would have remedies which would allow you to collect on any court judgment (including garnishing his wages, selling his assets, etc.), small claims courts generally don't have jurisdiction over people living out of state, although you should check with your local small claims court to make sure.  You will probably have to sue him in your states' court of general jurisdiction, which will probably involve paying some court fees (since he purchased goods in North Dakota and the suit arises out of that sale, I believe, unless there are facts of which I"m unaware, that North Dakota courts would have jurisdiction over the case, but it could be an issue; you might have to sue him in MInnesota). Third, some lawyers do take cases on contingency where they are paid a percentage of what they collect for you.  You should contact some lawyers specializing in collections and see if they would handle your case on that basis. Fourth, just a pet peeve.  A settlement is a voluntary agreement between all parties to a dispute to settle it.  You can't force someone to settle a case if they aren't willing to, and there is absolutely no guarantee that you will be able to settle this case.  You may have to take it all the way through trial and judgment    ... Read Answer

You may be able to self-petition for lawful permanent residence. You will need evidence that you entered the marriage in good faith. You will also need evidence that you were subjected to battery or extreme cruelty. This can include affidavits, police reports, protective orders, medical records, photographs, etc. The process will take approximately two years due to visa availability. You can read more at http://myattorneyusa.com/victims-of-violence-immigration.... Read Answer

You would need a waiver to re-enter the United States if you were previously deported. It is not clear from the information if you were deported. You indicate you were allowed to withdraw your application for admission, but at the same time, you were detained. Were you given any paperwork by CBP?  If you were not deported, you will not need a waiver. You could simply apply for s new visa. Whether such visa wil be granted will depend upon your eligiblity and ability to establish ties to your country.  You can read more about work visas at http://myattorneyusa.com/work-visas.... Read Answer

You cannot convert lawful permanent residence to a 10-uear B-2 visa. Your parents need to apply for a re-entry permit. This is the best way to prepservce residence, but as you noted it is not a guarantee they will not be deemed to have abandoned their residence. Your parents would likely face difficulty obtaining B-2 visas in the futre if they abandon their residence unless they can establish very strong ties to China. ... Read Answer

You will need to submit a written request to USCIS asking for Section 204(l) Relief. This Request must include the following information: (1) your name and your deceased spouse's name; (2) your alien registration number (A number), if you have one; (3) your deceased spouse's A number, if he/she had one; (4) the receipt number on your petition or application; (5) your spouse's death certificate (a certified translation is required, if not in English); (6) proof of your residence (examples include, but are not limited to: lease/mortgage, utility bills, pay stubs, school records, etc.) at the time of your relative’s death up until the present time; and an affidavit of support from a substitute sponsor or an affidavit of support exemption, if applicable. You may also be able to self-petition as a widow. I encourage you to consult an attorney.... Read Answer

It is difficult to determine what the problem may be without reviewing the application. Delays in naturalization decisions are usually the result of prior arrests/convictions, failure to file in one tax returns, questions about whether you were properly granted residence, or completion of background checks. USCIS has 120 days to make a decision or otherwise request documents/re-interview. If USCIS does not act within 120 days, you may request the U.S. District Court consider your request for naturalization. You can read more about naturalization at http://myattorneyusa.com/citizenship-and-naturalization.... Read Answer

Most often a naturalization interview is cancelled, because your complete alien file was not received by the local field office or a glitch in the system resulted in over scheduling on a particular day. You can read more about naturalization at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read Answer