Minnesota Recent Legal Answers from Lawyers

You can protect an app by protecting the Usert interface by copyright. The concept by patent, if eligible, and the code by copyright. Additionally, if you use a brand on your website, the brand may be protected by Trademark Registration, if it is eligible. Your relationship with the gentleman in Pakistan is determined by your contractual/business relationship.  Please le me know if you have any questions. Best regards, Alan M. Sack SACK IP Law p.c. Alan.Sack@SACK-IP.com... Read Answer

You may have a case. Take clear photographs of the stairway to document the absence of a railing. Retain a personal injury attorney in your jurisdiction on a contingency fee basis, meaning you pay nothing unless you win. If you need assistance finding an attorney, reach out on this platform and we will help you at no cost.    ... Read Answer

Overstay is generally not a concern for individuals being sponsored by US citizen spouses. Under the immediate relative category (US citizen sponsoring spouse, parent, or child under the age of 21 and unmarried), items that would bar adjustment of status in other category sponsorships such as unlawful employment or violation of authorized period of stay are generally not applicable. The USCIS adjudication will focus on other subjects such as the bona fide character of the marriage. 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

Although I'm a Maryland child custody attorney, I can say that generally, communication requirements between co-parents are not enforceable unless they are specifically outlined in a court-ordered custody or parenting agreement. If there is no legal document restricting how you communicate, you are not obligated to adhere to these limitations. However, maintaining respectful and effective communication is often encouraged to ensure the best interests of your daughter. If you feel these imposed methods are unreasonable or detrimental to co-parenting, you may want to consult an attorney in Minnesota to review your custody agreement and provide guidance on your legal options. Open communication tailored to your family’s needs is always preferable.... Read Answer

A divorce in a foreign country will be recognized as valid for US immigration purposes,  provided that the foreign divorce is valid. Work with an immigration attorney so that no delays or denials occur. Some of us charge an affordable flat rate fee to handle the case from start to finish. ... Read Answer

An uncle can sponsor nieces and nephews to come over on temporary visas, but the relationship of uncle is not one that is recognized in the immigration preference system for permanent immigration. You can sponsor your brother for permanent residence – a long drawn out process – but not his children separately. Adoption is usually not a viable solution where the parent is still alive and around the children. 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

Wages for H-1B specialized occupation jobs and their acceptability to USCIS depend upon whether the sponsoring organization is able to meet prevailing wage standards as determined by the Department of Labor in the labor condition application (LCA) which is a prerequisite to the filing of the H-1B petition. I doubt that USCIS is very vested in the fluctuations of what an organization decides to pay H-1B workers within a range of wages which are all above the prevailing wage. The thing to watch out for is that the company does not reach far out for a low-wage standard in an occupation which may not fit what you are actually doing and chance receiving an RFE or denial from USCIS because of the overreach. 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

A US citizen who marries a foreign national who entered the US with permission can sponsor her spouse for a green card. This is even if the spouse is out of status. That is the general rule but there are a few exceptions. Discuss the facts of your case in a free private phone call with an immigration attorney.        ... Read Answer

Your friend would need to get a visitor visa. If she intends to visit she would have to establish that she has enough motivation to return to Russia after her visit is complete. This would include a letter from her employer, tax returns showing stable employment paystub's showing three or four months of past work history, and bank deposits showing payroll receipts into her bank account. Additionally if she owed property, she could provide the consulate with a deed and an appraisal report showing how much equity she has in the property. Upon entering the United States with the intention to visit, but later on she changes her mind and decides to get married then that would be permissible. But you have to tell the truth. ... Read Answer

So in most jurisdictions, an uninvited guest or person who has no legal claim on property ownership or on the title deed can only be removed from that residence by the owner filing an unlawful detainer action. You should tell him that if he does not leave voluntarily, then you will be forced to file an unlawful detainer action, and he most likely will not be able to get a lease b/c an eviction action would go on his credit report. You should retain counsel in your state for representation. ... Read Answer

More information is needed, but your son must prove to the satisfaction of USCIS that he has a well founded fear of persecution based upon one of the reasons covered in the Immigration and Nationality Act.  Many asylum applicants are referred to immigration court for deportation proceedings once their visitor entry expires.  There may be other immigration or visa options, since it can be difficult to prove a well founded fear of persecution due to the limited evidence one has when they enter the United States. There often must be more individualized threats against an applicant. I practice before the Asylum Office in Chicago, which covers the State of Minnesota. If an appointment/Zoom Teleconference is undrtaken, I can confidentially evaluate a claim, then suggest any alternatives, as well. It is wise to find a way to afford an experienced immigration attorney in Chicago given an unsuccessful application can eventually result in a  final deportation order.  Your son has to 'successfully file' an asylum application 'within' one year of the date of his entry into the U.S. The above is general information, not legal advice and does not create an attorney client relationship.... Read Answer

An expungement affects all records in the possession of the prosecutor, the court, the Bureau of Criminal Apprehension, the county jail, the probation office, the Department of Human Services, the Department of Education, and all law enforcement agencies that were involved in the matter.  An expungement would prevent members of the public from learning about the original criminal charges, arrest, or conviction.   Please contact me if you would like to go forward with the expungement process. Todd Peterson 320-259-5123... Read Answer

if your fiance entered the USA legally, and you are a US citizen, then yes you can sponsor her for her green card after marriage but if she entered the USA within 90 days, then you should wait to marry her after the 90th day. You should retain counsel to represent you to make sure the process goes smoothly and without complications.    ... Read Answer

The question of whether to give a discretionary F-1 visa at the consulate or embassy is up to the US consular officer. Where there is a pending I-130 petition, the weight to be given to it may depend upon the length of time that the applicant will have to wait to immigrate to the States. Consular officers usually give less weight or importance to the petition where the waiting time is longer. For example, if you filed a sibling F-4 petition for your brother five years ago and it is still pending, the consular officer will know that it will probably take another nine years for it to come to fruition. If otherwise convinced that your brother has nonimmigrant intent, he or she would probably issue the visa. 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

I'm trying to understand your question, because you can give your property to anyone you like.  Is there some question about it being your farm?  Is there some question about you being competent to handle yourr own affairs?  Has some creditor of either you or your husband in some way legally restrained what you can do with your assets?   Assuming that none of the above applies, and that you became the sole owner of the farm when your husband died, you can give it to your kids, but you should be aware that, depending on how much the farm is worth, there may be some gift tax issues.... Read Answer

Dying Intestate First of all, I'm sorry for your loss. Losing a sibling can be terribly emotional and taxing. That said, when a person who resides in Minnesota dies with a will (dying "testate") their assets are distributed in accordance with the terms of the will. Without a will in Minnesota - dying "intestate" - the State provides that the property be distributed in accordance with the intestacy statute, Minn. Stat. 524.2-102 & -103. Spousal Share (Minn. Stat. 524.2-102): Per the statute, if the decedent had a surviving spouse, they get the entire estate if (i) no decedent of the decedent survives the decedent, or (ii) all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent. If, however, if all of the surviving descendants of decedent are also descendants of the surviving spouse and (i) the survivng spouse has one or more surviving descendants who are not descendants of the deceent, or (ii) if one or more of the decedent's surviving descendants are not descendants of the surviving spouse, then the surviving spouse gets the first $225,000 plus one half of any balance of the estate. Non-Spousal Share (Minn. Stat. 524.2-103): Any part of the estate not passing to the decedent's surviving spouse, or if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent: 1. Decedent's descendants 2. Decedent's surviving parents equally 3. Descendants of decedent's parents (decedent's siblings) 4. Decedent's grandparents equally; if one or more is deceased, then to their descendants (grandparents and aunts/uncles) 5. To the next of kin in equal degree In Sum: Basically, the property goes to spouse, kids, parents, siblings, grandparents, aunts/uncles, and then next of kin. If there are no takers, then the property passes to the State. This all, of course, relies on your brother having been a Minnesota resident when he died. If he was a resident of another state, then that state's intestacy statute will control. There are a few nuances to the above distribution. For example, an heir must survive the decedent for 120 hours in order to inherit. Also, for example, individuals in gestation at the time of death can inherit provided they live 120 hours or more after birth. But in general, the above distribution is what is required by the State.  ... Read Answer

OK so anytime a foreign national wants to qualify for a tourist visa, they have to independently establish that they have enough contacts with their home country that would motivate them to return. For example they have a steady job and a steady income, and they have real estate or equity in a home that would motivate them to return after their visit is complete. Generally speaking, when someone applies for a tourist visa, the US host Who they plan to visit, can do very little if nothing to assist that person in qualifying for a tourist visa.       ... Read Answer

The executor herself is not entitled to information regarding the TOD recipients so can hardly be expected to share it with you.  If you think that you may be among them, deliver a death certificate to the relevant financial institution.  If you are, it will speak with you.  If not, not.   As benefits under the estate, if you are a beneficiary under the Will, you will likely be notified once it is admitted to probate.  When a Will is admitted to probate it becomes a pubic document.  Check with the local probate court clerk.  Some months after an executor is appointed by the Court, an Inventory must be submitted.  This, too, is a public document.... Read Answer