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Minnesota Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Minnesota on
Q: Hello. Does threats of violence - reckless disregard risk qualify for U- Visa?
Monica E Rottermann
Monica E Rottermann
answered on Aug 9, 2023

It might, you will want to obtain a copy of the police report for an immigration attorney to review to determine which sections of law the police indicate that they investigated and as long as the crime investigated is on the list of qualifying crimes or substantially similar to a qualifying crime,... View More

2 Answers | Asked in Immigration Law for Minnesota on
Q: If a person gets sponsored and accepted o to the US through the USCIS program coming from Haiti can they apply

For health insurance and other

Services in Olmsted County

James L. Arrasmith
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answered on Apr 18, 2023

Once a person has been sponsored and accepted through the USCIS program to come to the US, they may be eligible to apply for health insurance and other services in Olmsted County. Eligibility for such benefits and services may depend on various factors such as residency status, income, and other... View More

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3 Answers | Asked in Immigration Law for Minnesota on
Q: I’m looking to apply to the USCIS program to bring a Haitian friend to Rochester Mn Have you done these forms before ?

Looking to find out if he can apply for health insurance and other benefits as well

James L. Arrasmith
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answered on Apr 18, 2023

To bring your Haitian friend to Rochester, MN, you will need to file a petition for a family member with the United States Citizenship and Immigration Services (USCIS). The process can be complex and may require extensive documentation, including proof of your relationship, financial support, and... View More

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2 Answers | Asked in Family Law and Immigration Law for Minnesota on
Q: Hi I am a Indian citizen Green card holder , so want to my daughter marriage on phone it’s acceptable & legal or else ?

If yes where which official authority conduct & what documents requirements for both parties.

If yes how to apply for my daughter spouse visa ?

James L. Arrasmith
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answered on Mar 7, 2023

It is not possible to have a legally binding marriage ceremony over the phone in California or under U.S. federal law. In order for a marriage to be legally recognized, the couple must have a physical ceremony in the presence of an authorized officiant, such as a judge, religious leader, or... View More

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2 Answers | Asked in Immigration Law for Minnesota on
Q: Do I need to change my job title on our website if I change the O-net description on my H-1B renewal?

Hi, I currently work as an economist under an H-1B immigrant visa. Economists fall under the O-net code 19-3011.00 on the department of labor's O-net code index. My H-1B, however, expires in June, and for the renewal application, I am changing the O-net code to 19-3099.00 which is for social... View More

James L. Arrasmith
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answered on Feb 26, 2023

It's not necessary to change your job title on your employer's website if you change the O-net code on your H-1B renewal application. The O-net code is used by the Department of Labor to categorize different occupations and industries, and it's primarily used for statistical and... View More

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2 Answers | Asked in Immigration Law for Minnesota on
Q: Do I need to change my job title on our website if I change the O-net description on my H-1B renewal?

Hi, I currently work as an economist under an H-1B immigrant visa. Economists fall under the O-net code 19-3011.00 on the department of labor's O-net code index. My H-1B, however, expires in June, and for the renewal application, I am changing the O-net code to 19-3099.00 which is for social... View More

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 10, 2023

If you are changing the O-Net code on your H-1B renewal application, it is not necessary to change your job title with your employer or on your company's website. The O-Net code is used by the Department of Labor to classify occupations and does not determine your job title. Your job title can... View More

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2 Answers | Asked in Immigration Law and Criminal Law for Minnesota on
Q: can a person be deported if they were born in other country and adopted by US citizens as a baby?

my friend has lived in the US pretty much his entire life. He was adopted by two US citizens when he was a baby and they brought him to the US as a baby. Hes had a few rough years and was convicted of some drug related stuff. He was contacted by immigration and they are trying to deport him. His... View More

Sarah Gad
Sarah Gad
answered on Feb 1, 2023

This might seem odd, but the answer really boils down to one question: did your friend turn 18 before or after February 28, 2001 at 12:00 a.m.? If your friend turned 18 after this February 28, 2001 cut-off, (or was born after February 28, 1978 at 12:00 a.m.) he should be able to acquire citizenship... View More

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2 Answers | Asked in Immigration Law and Criminal Law for Minnesota on
Q: can a person be deported if they were born in other country and adopted by US citizens as a baby?

my friend has lived in the US pretty much his entire life. He was adopted by two US citizens when he was a baby and they brought him to the US as a baby. Hes had a few rough years and was convicted of some drug related stuff. He was contacted by immigration and they are trying to deport him. His... View More

James L. Arrasmith
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answered on Feb 26, 2023

If your friend was adopted by US citizens and brought to the US as a baby, he may be eligible for US citizenship through his adoptive parents. However, the process of establishing citizenship through adoption can be complex and may require evidence to establish the legal relationship with his... View More

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1 Answer | Asked in Civil Rights and Immigration Law for Minnesota on
Q: Proper course of action.

Our son crossed the US border in Mexicali (October 2022). His court appearance in Fort Snelling is scheduled for February 2024. He was a beneficiary of I-130 filed in 2013; however, he doesn’t have 1-90 and we cannot apply for adjustment of status. He cannot apply neither for driver’s license... View More

Monica E Rottermann
Monica E Rottermann
answered on Jan 16, 2023

First, your son should make sure that he keeps the immigration court updated on his address, as court dates can be changed, and the court notifies respondents of the change in court date by mailing hearing notices. If he fails to attend a scheduled court hearing, he will be ordered deported.... View More

4 Answers | Asked in Immigration Law and Criminal Law for Minnesota on
Q: can someone be deported if they are convicted of shoplifting? the person has no other convictions.

the person was charged with shoplifting about $60 of merchandise at Walmart. they have not been convicted yet but they are worried it will affect their green card.

Lilia  Alcaraz
Lilia Alcaraz
answered on Jan 9, 2023

I agree with Sarah and Susanne. Based on your information and Sarah’s analysis of Minnesota law, this individual won’t be deported for a single crime involving $60 of merchandise theft.

This person should become a naturalized U.S. citizen with the help of a lawyer. Becoming a U.S....
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4 Answers | Asked in Immigration Law and Criminal Law for Minnesota on
Q: can someone be deported if they are convicted of shoplifting? the person has no other convictions.

the person was charged with shoplifting about $60 of merchandise at Walmart. they have not been convicted yet but they are worried it will affect their green card.

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 10, 2023

It's important for non-citizens facing any criminal charge to consult with an Immigration Lawyer about their situation and implications on current and future immigration status. Having said that, as a Criminal Defense Lawyer, my understanding that a misdemeanor theft conviction is considered... View More

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4 Answers | Asked in Immigration Law and Criminal Law for Minnesota on
Q: can someone be deported if they are convicted of shoplifting? the person has no other convictions.

the person was charged with shoplifting about $60 of merchandise at Walmart. they have not been convicted yet but they are worried it will affect their green card.

Sarah Gad
Sarah Gad
answered on Jan 9, 2023

It is highly unlikely that the person will be deported under the circumstances you described. In the world of immigration law, shoplifting and other crimes of dishonesty are called "crimes involving moral turpitude" (CIMT). A conviction for a CIMT can indeed affect a person's... View More

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4 Answers | Asked in Immigration Law and Criminal Law for Minnesota on
Q: can someone be deported if they are convicted of shoplifting? the person has no other convictions.

the person was charged with shoplifting about $60 of merchandise at Walmart. they have not been convicted yet but they are worried it will affect their green card.

Susanne  Eltamimi
Susanne Eltamimi
answered on Jan 9, 2023

It will not affect their green card unless they have other prior convictions of theft or those that evince bad character or moral turpitude. This alone probably won't because of a rule called the "Petty Theft Exception," which is exactly what it sounds like: a one-time exception to... View More

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1 Answer | Asked in Immigration Law for Minnesota on
Q: I'm applying for a US Citizenship. I have a pending I-751 due to COVID and long delays. I had to get a travel stamp in

I'm applying for a US Citizenship. I have a pending I-751 due to COVID and long delays. I had to get a travel stamp in my passport at the USCIS Office. At that time they took my expired green card and never returned it. According, the M-477 checklist the first requirement is a copy of my green... View More

Monica E Rottermann
Monica E Rottermann
answered on Jun 20, 2022

As long as you are eligible for the N-400 at the time you file, yes you can submit it while the I-751 is still pending. USCIS will not approve the N-400 until the I-751 is approved; depending on your local office, both applications may be decided at the same interview so it is important that your... View More

2 Answers | Asked in Immigration Law for Minnesota on
Q: Can someone explain this document to me? I would like to do whatever it takes to get my fiance here... back HOME!
Robert Kane
Robert Kane
answered on Aug 25, 2023

Unfortunately, your question is impossible to answer. What does the document address?

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1 Answer | Asked in Immigration Law for Minnesota on
Q: Trying to figure out a way to meet so we can apply for a k1 visa or to be together.

my girlfriend lives in the Philippines and I'm trying to figure out how we can meet. I've read that they will deny a B2 visa "to meet a boyfriend". what are our options? I can't get a passport so my going over there to meet her isn't possible... the plan was for her to... View More

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on May 23, 2023

It would be best to have an immigration attorney assist you directly with this. Proxy marriages in Utah may work for this purpose.

1 Answer | Asked in Immigration Law for Minnesota on
Q: Form I-130 is approved. Can my sister and her 2 boys (19 years old) come to the US and wait for the approval Form I-485?

I have filed Form I-130 for my sister (and her 2 boys) to come from Argentina. I received the approval from USCIS. Can she and her boys come to the US and wait here while we get her I-485 approved?

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 26, 2023

By filing the i130, they have demonstrated that they have immigrant intent. This would conflict with traveling her on a tourist visa which is only for non immigrant intent.

2 Answers | Asked in Immigration Law for Minnesota on
Q: I am 17 and have a 10 year green card. My stepmother who is my sponsor is threatening to file I-407 and have it revoked

Can she do this without my permission

Samuil Buschkin
Samuil Buschkin
answered on Dec 22, 2021

It would make all the difference if she waited until you turned 18. Case law is pretty clear and consistent on this. before 18, her abandonment of LPR status would be imputed to you.

You should still consult a lawyer. All these analyses are very fact driven.

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1 Answer | Asked in Immigration Law for Minnesota on
Q: how does getting a visa through a sibling work?

my mom is undocumented. I recently saw that she can get a visa through her siblings since they were born here. However, both of them sponsored my aunties husband to get his visa. Can they still sponsor her? How long does the process usually take?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 17, 2021

Yes.

If your mother's children were born in the United States and turned 21 years of age they could petition your undocumented mother to adjust the status to Lawful Permanent Residency.

2 Answers | Asked in Immigration Law, Personal Injury, Traffic Tickets and Workers' Compensation for Minnesota on
Q: MN Statute 169.18(8)(a) - I need an affordable lawyer who can help me on this traffic citation please.

On July 18th I was cited for following a car too close as he was turning right in front of me on a 35E exit to pilot knob road which is a two-lane road. MN Statute 169.18(8)(a) I did end up closer to the vehicle than I, myself, would have preferred since the front car slowed to turn much more than... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 20, 2021

The effect that this might have on your insurance rates depends on your prior driving record and your insurance company. There is no mechanism for tickets automatically coming off of your driving record absent some type of agreement with the prosecutor. I don’t necessarily expect it to affect a... View More

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