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Native American Law Questions & Answers
Q: I need a native law lawyer for sexual harassment. I work for a native casino
1 Answer
| Asked
in
Native American Law and Sexual Harassment
for
California
on
Answered on Jun 29, 2017
Answered on Jun 29, 2017
Ali Ebrahimzadeh, Esq.'s answer
An employment lawyer should suffice, as you have a potential harassment, discrimination, and hostile work environment issue that needs review. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas...
An employment lawyer should suffice, as you have a potential harassment, discrimination, and hostile work environment issue that needs review. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas...
Q: hi can i get green card if i am fhather of litle american citizen?
1 Answer
| Asked
in
Civil Rights, Immigration Law and Native American Law
for
Wisconsin
on
Answered on Jun 9, 2017
Answered on Jun 9, 2017
Roger Carl Algase's answer
It sounds as if your wife needs to see a good doctor - and a good immigration lawyer, if she wants you to stay in America to help take care of your child. In order for a US citizen child to sponsor a parent for a green card, the child has to be at least 21 years old.
A long wait, in your case!
It sounds as if your wife needs to see a good doctor - and a good immigration lawyer, if she wants you to stay in America to help take care of your child. In order for a US citizen child to sponsor a parent for a green card, the child has to be at least 21 years old.
A long wait, in your case!
Q: Will I need to renew my Indian Passport, before I apply for U.S. citizenship and during the citizenship interview?
1 Answer
| Asked
in
Immigration Law and Native American Law
for
New Hampshire
on
Answered on May 25, 2017
Answered on May 25, 2017
Randall Drew's answer
You won't need it to be unexpired if your green card is still valid. You will need an acceptable form of photo ID which is unexpired.
You won't need it to be unexpired if your green card is still valid. You will need an acceptable form of photo ID which is unexpired.
Q: Do I have to pay back an illegal payday loan from a Native American reservation in New Jersey
Leonard R. Boyer's answer
No you do not. Depending on your overall financial situation, Bankruptcy may be right for you. An experienced Bankruptcy attorney will be able to determine which type of Bankruptcy is the correct one for you. Good luck
No you do not. Depending on your overall financial situation, Bankruptcy may be right for you. An experienced Bankruptcy attorney will be able to determine which type of Bankruptcy is the correct one for you. Good luck
Q: Is Trump suable by Natives over "Pocahontas" insults to Warren? He clearly intends it as a slur, & I am so offended.
Robert Donald Gifford II's answer
There are no grounds for a lawsuit as he does have a First Amendment Right to say things that are offensive to others. While one cannot "yell fire in a crowded theater," a person has a right to say inappropriate things without being sued.
There are no grounds for a lawsuit as he does have a First Amendment Right to say things that are offensive to others. While one cannot "yell fire in a crowded theater," a person has a right to say inappropriate things without being sued.
Q: What do a man's children need to do after his unexpected death ?
1 Answer
| Asked
in
International Law, Native American Law, Probate and Social Security
for
Massachusetts
on
Answered on May 11, 2017
Answered on May 11, 2017
Dr Kenneth V Zichi J.D.'s answer
Your CHILDREN'S relationship is not one of 'common law' and assuming they are over the age of majority, they should contact a MA lawyer to determine if probate is needed, and what they need to do to assert a claim.
If they are NOT yet of the age of majority, YOU can act on their behalf. The procedure for doing that varies from state to state, so again, contact a MA attorney to determine what you need to do and how to proceed.
Bear in mind, if there were no probate estate...
Your CHILDREN'S relationship is not one of 'common law' and assuming they are over the age of majority, they should contact a MA lawyer to determine if probate is needed, and what they need to do to assert a claim.
If they are NOT yet of the age of majority, YOU can act on their behalf. The procedure for doing that varies from state to state, so again, contact a MA attorney to determine what you need to do and how to proceed.
Bear in mind, if there were no probate estate...
Q: In a compact of free association, can congress give US citizenship to the people of a sovereign country?
Robert Donald Gifford II's answer
I am unsure of your question, but generally yes. The US can dictate who can become a citizen or not.
I am unsure of your question, but generally yes. The US can dictate who can become a citizen or not.
Q: How do I get a post storage hearing on my vehicle which was towed without notice on tribal land
Robert Donald Gifford II's answer
This answer may vary depending on the state that you are in, but generally the state statutes have no effect on trust land. You need to look to the tribal code for your remedy. You may need to hire an attorney familiar with that tribal court.
This answer may vary depending on the state that you are in, but generally the state statutes have no effect on trust land. You need to look to the tribal code for your remedy. You may need to hire an attorney familiar with that tribal court.
Q: the secretary of the interior,attorney general and secretary of treasury were all summoned.No answer.Past time.
1 Answer
| Asked
in
Civil Rights, Civil Litigation and Native American Law
for
Oklahoma
on
Answered on Mar 27, 2017
Answered on Mar 27, 2017
Q: Im half native american am i elligable for money
1 Answer
| Asked
in
Native American Law, Construction Law and Nursing Home Abuse
for
Minnesota
on
Answered on Mar 25, 2017
Answered on Mar 25, 2017
Robert Donald Gifford II's answer
You need to look into what you need to do to become a member of your tribe. Every tribe is a separate sovereign, and each tribe has a variety of different benefits.
You need to look into what you need to do to become a member of your tribe. Every tribe is a separate sovereign, and each tribe has a variety of different benefits.
Q: How much power does a state have to regulate and tax and/or collect revenue from Tribal Casino's?
Robert Donald Gifford II's answer
The general rule is none, however each tribe enters into a "compact" with the state and the details of that compact govern any monies paid to state coffers.
The general rule is none, however each tribe enters into a "compact" with the state and the details of that compact govern any monies paid to state coffers.
Q: Im 18 and if a 14 year old hits hits me can I fight back without jail time?? I'm a junior and they're a freshman.
Robert Donald Gifford II's answer
You are allowed to defend yourself in a manner that protects you. If at any point you overtake the attacker and become the aggressor, rather than stopping and walking away, you could risk charges.
You are allowed to defend yourself in a manner that protects you. If at any point you overtake the attacker and become the aggressor, rather than stopping and walking away, you could risk charges.
Q: My ex told me we were divorced and I married my 2nd husband in Michigan, am I a bigamous? What can I do?
Robert Donald Gifford II's answer
I am assuming your first divorce was never completed. If so, you need to get formally divorced first to be lawfully married. Depending on where you are living, bigamy may require some intent and notice thus a prosecution for such is unlikely.
I am assuming your first divorce was never completed. If so, you need to get formally divorced first to be lawfully married. Depending on where you are living, bigamy may require some intent and notice thus a prosecution for such is unlikely.
Q: Native American foster children are being homeschooled in Ponotoc county Ok. Is this legal?
Robert Donald Gifford II's answer
To home school children, there must be some form of approval and review. If this is being done without any proper paperwork in place or at least in the process, the children and foster parents could be subjected to truancy laws.
To home school children, there must be some form of approval and review. If this is being done without any proper paperwork in place or at least in the process, the children and foster parents could be subjected to truancy laws.
Q: if my friend is in a Navajo Nation jail for missing a court date for housing eviction, why is his bail $1100.00?
1 Answer
| Asked
in
Landlord - Tenant and Native American Law
for
New Mexico
on
Answered on Mar 24, 2017
Answered on Mar 24, 2017
Robert Donald Gifford II's answer
Without more details and this may be speculative, the bail may be based on a dollar amount that the landlord is trying to recover from past rent.
They may have been served with notice by mail, but was handed a copy later. Again, I don't have exactly enough information.
Without more details and this may be speculative, the bail may be based on a dollar amount that the landlord is trying to recover from past rent.
They may have been served with notice by mail, but was handed a copy later. Again, I don't have exactly enough information.
Q: I also have another question I was adopted when I was two days old to a white family and I'm native American .
1 Answer
| Asked
in
Family Law, Adoption and Native American Law
for
Oregon
on
Answered on Mar 21, 2017
Answered on Mar 21, 2017
Robert Donald Gifford II's answer
You will need a DNA tests of yourself and father, birth certificates, and your father's CDIB card to help get this started. You have to work this thru your tribe.
You will need a DNA tests of yourself and father, birth certificates, and your father's CDIB card to help get this started. You have to work this thru your tribe.
Q: can I get my retainer back if the attorney didn't defend me in court did say a word to the petitioners or there atty.
1 Answer
| Asked
in
Family Law, Civil Rights, Juvenile Law and Native American Law
for
Minnesota
on
Answered on Mar 3, 2017
Answered on Mar 3, 2017
Lucas Wynne's answer
1. You asked your attorney to file a civil complaint and there is no indication that your attorney could file a civil complaint in your case. In fact, based on the limited information you have provided your attorney would not be able to file a separate case.
2. You retained your attorney to represent you for a specific case. A separate, civil case would be a different case for which you would need to retain your attorney under a new agreement (and pay more money).
3. Your...
1. You asked your attorney to file a civil complaint and there is no indication that your attorney could file a civil complaint in your case. In fact, based on the limited information you have provided your attorney would not be able to file a separate case.
2. You retained your attorney to represent you for a specific case. A separate, civil case would be a different case for which you would need to retain your attorney under a new agreement (and pay more money).
3. Your...
Q: What is lack of subject- matter
1 Answer
| Asked
in
Real Estate Law, Appeals / Appellate Law, Landlord - Tenant and Native American Law
for
Kansas
on
Answered on Feb 23, 2017
Answered on Feb 23, 2017
Brian Lehman's answer
I'm guessing you meant: "What is lack of subject-matter jurisdiction?"
When a court hears your case, there are three questions it must initially ask:
1. Does it have subject-matter jurisdiction? Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter.
2. Does it have personal jurisdiction? Personal jurisdiction is the power of a court over the parties in the case.
3. Is this...
I'm guessing you meant: "What is lack of subject-matter jurisdiction?"
When a court hears your case, there are three questions it must initially ask:
1. Does it have subject-matter jurisdiction? Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter.
2. Does it have personal jurisdiction? Personal jurisdiction is the power of a court over the parties in the case.
3. Is this...
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