Minnesota Questions & Answers by Practice Area
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Minnesota Questions & Answers
Q: Will I be able to visit the USA while my CR1 visa is being processed? (I'm from London,UK)
Roger Carl Algase's answer
A person who has a pending green card application is not allowed to enter the US in visitor status. The legal definition of a visitor is a person who intends to return to live permanently at his/her overseas address after travelling to the United States.
A person who has a pending green card application is not allowed to enter the US in visitor status. The legal definition of a visitor is a person who intends to return to live permanently at his/her overseas address after travelling to the United States.
Q: My husband is from mexico, was arrested for a DUI, through our marriage he got his deportation removed and obtained a
Kevin L Dixler's answer
More information is needed, but it seems like he was unable to complete the process. This means that he may be deported, which can complicate your life as well as custody matters, where there are children.
I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney. Good luck.
More information is needed, but it seems like he was unable to complete the process. This means that he may be deported, which can complicate your life as well as custody matters, where there are children.
I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney. Good luck.
Q: Can an employer ask you if you are a U.S. citizen in an application OR during an interview?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Minnesota
on
Answered on Jun 1, 2017
Answered on Jun 1, 2017
Joseph A. Gangi's answer
Generally not. A permissible question is whether you are authorized to work in the United States. Citizenship is rarely a bona fide requirement of a job.
Generally not. A permissible question is whether you are authorized to work in the United States. Citizenship is rarely a bona fide requirement of a job.
Q: I live in Minnesota and I'm 17, is it legal for me to have sex with someone who is 22?
Joseph A. Gangi's answer
The age of consent in Minnesota is 16, but there are some other factors that come into play, such as if the adult party is in a "significant relationship" or "position of authority" or if there are vulnerabilities involved.
The age of consent in Minnesota is 16, but there are some other factors that come into play, such as if the adult party is in a "significant relationship" or "position of authority" or if there are vulnerabilities involved.
Q: If its a fact that 156 days of time served did not get credited in a 67 month concurrent sentence in a Minnesota court
Joseph A. Gangi's answer
If you have a lawyer, then you need to direct your question to your lawyer.
If you have a lawyer, then you need to direct your question to your lawyer.
Q: can a cop give you a wrecklass if he didn't see you do the crime? If he only heard it?
Joseph A. Gangi's answer
Because every case is unique, and this one especially, a direct answer to your question is not possible. I suggest you set up an appointment with an attorney to discuss your specific situation.
Because every case is unique, and this one especially, a direct answer to your question is not possible. I suggest you set up an appointment with an attorney to discuss your specific situation.
Q: 15 year old girl had sex with a 13 year old boy. Dad wants to punch boy in face thinking it would be a petty misdemeanor
Lucas Wynne's answer
I understand your anger and am sorry to hear about this situation. No attorney will assist you in the commission of a crime and it is highly advised that you do not take this action as the consequences could be severe. If the injury inflicted were severe enough (and you have no way of predicting as much), it could amount to decades of time in prison. No jury will be sympathetic with an adult who attacked a child.
If this has already occurred, retaining an attorney with a realistic view...
I understand your anger and am sorry to hear about this situation. No attorney will assist you in the commission of a crime and it is highly advised that you do not take this action as the consequences could be severe. If the injury inflicted were severe enough (and you have no way of predicting as much), it could amount to decades of time in prison. No jury will be sympathetic with an adult who attacked a child.
If this has already occurred, retaining an attorney with a realistic view...
Q: What is the likely hood a judge will transfer a custody case if the other parent will not agree?
Lucas Wynne's answer
The court does not have to honor your request and this is a bit of a crapshoot, frankly, that is highly dependent on the judge in your case. You should make this motion early on in the case before other issues are heard. Frankly, you need an attorney. If this were my case, I would make a motion based on Forum non conveniens.
The court does not have to honor your request and this is a bit of a crapshoot, frankly, that is highly dependent on the judge in your case. You should make this motion early on in the case before other issues are heard. Frankly, you need an attorney. If this were my case, I would make a motion based on Forum non conveniens.
Q: what do I need to bring to court for a custody hearing regarding a dog?
Lucas Wynne's answer
There is no such thing as a custody hearing for a dog because dogs are property, not people. However, if you are going to small claims court over the ownership of a dog or the dog is being awarded as property subject to a divorce proceeding, then I would suggest bringing any receipts, registration documents, etc. that might evidence your ownership of the dog. I hope this is helpful.
There is no such thing as a custody hearing for a dog because dogs are property, not people. However, if you are going to small claims court over the ownership of a dog or the dog is being awarded as property subject to a divorce proceeding, then I would suggest bringing any receipts, registration documents, etc. that might evidence your ownership of the dog. I hope this is helpful.
Q: Can my sons father get a restraining order dropped its been in place for 6 months now and he didnt even respond.
Lucas Wynne's answer
Go to MNCourts.gov and find the "Affidavit and Order for Dismissal" form. Then, file it as instructed by the website.
Go to MNCourts.gov and find the "Affidavit and Order for Dismissal" form. Then, file it as instructed by the website.
Q: I am bound by a non compete contract and want to move to competitor but employee says no.
Joseph A. Gangi's answer
The answers to your question depend entirely on the language used in the non-compete agreement itself and the circumstances surrounding this contract. You will likely need to pay an attorney to review this information and provide you with an opinion.
The answers to your question depend entirely on the language used in the non-compete agreement itself and the circumstances surrounding this contract. You will likely need to pay an attorney to review this information and provide you with an opinion.
Q: felony criminal case not guilty plea entered how can omnibus hearing be waived?
Joseph A. Gangi's answer
Criminal procedure is highly complicated and the consequences of a felony conviction can be enormous -- you are advised to obtain legal representation as soon as possible.
Criminal procedure is highly complicated and the consequences of a felony conviction can be enormous -- you are advised to obtain legal representation as soon as possible.
Q: I don't have legal custody of my daughter but she has lived with me for 6 months. What rights do I have?
Lucas Wynne's answer
I am assuming you are the father. You have no legal right until you establish custody and parenting time. It is highly suggested you retain an attorney for assistance. I have helped fathers and have also stood against individuals without attorneys - things tend to go poorly for the individual without an attorney. Most cases will settle in mediation but this cnnot be guaranteed. Each situation is unique.
I am assuming you are the father. You have no legal right until you establish custody and parenting time. It is highly suggested you retain an attorney for assistance. I have helped fathers and have also stood against individuals without attorneys - things tend to go poorly for the individual without an attorney. Most cases will settle in mediation but this cnnot be guaranteed. Each situation is unique.
Q: My sister and I split my mom's checking account after she died this January.
Lucas Wynne's answer
Call an elder law attorney ASAP (and I mean right now) to see what can be done. Failure to act quickly could have big consequences.
Call an elder law attorney ASAP (and I mean right now) to see what can be done. Failure to act quickly could have big consequences.
Q: Are humane societies subject to puppy lemon laws in Minnesota?
Lucas Wynne's answer
No. Humane societies are not covered under the 325F.79 definition of pet dealers.
No. Humane societies are not covered under the 325F.79 definition of pet dealers.
Q: What if I haven't seen my daughter in 16 yrs and now the mother is asking for child support.
Lucas Wynne's answer
You are best off speaking with an attorney about your particular situation. If it has been sixteen years, there would likely be very little time left to pay support. This does not mean you will get out of paying, but I would not simply trust the mother's calculation as to the amount of support.
You are best off speaking with an attorney about your particular situation. If it has been sixteen years, there would likely be very little time left to pay support. This does not mean you will get out of paying, but I would not simply trust the mother's calculation as to the amount of support.
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