Native American Law Q&A by State
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Native American Law Questions & Answers
Q: I'm an American Indian born in Canada trying to obtain a Permanent Resident Card to live and work in the United States.
I'm an American Indian born in Canada trying to obtain a Permanent Resident Card to live and work in the United States. I have a confirmation of registration letter from Indian Affairs to prove I am status indian. I want to know what other steps I need to take to become a citizen?
Hello,
American Indians born in Canada (with at least 50% American Indian blood) cannot be denied admission to the United States. However, a record of admission for permanent residence will be created if an American Indian born in Canada wishes to reside permanently in the United States.... Read more »
Q: I was notified I was fired from my position at Tribal TANF program for whistleblowing, while on bereavement leave.
I am a director of a Tribal TANF program. Two days ago, a council meeting happened to discuss how to terminate me. ( I will disclose the detail offline) I also am aware of that at least two of the Council members, and the Deputy Director met before the meeting to attempt to use this information to... Read more »
I am sorry to hear about your situation. Unfortunately, the laws of California and the federal government likely will not apply to your situation. Rather, the laws of the tribal nation where the business is located would be those that will apply to you, and only someone with specific knowledge of... Read more »
Q: Can a judge accept a finding of fact from one party and deny the same finding of fact from another party?
Our lawyers filed similar if not exact same findings of facts for our CYFD case, and he accepted some on mine and denied the same ones on his, and vice versa. Our lawyers are out of the office, so we can't ask them yet, but can the judge allow a fact from my finding and deny the same fact on my... Read more »
Hello,
Unfortunately, you have stated you are represented by counsel and it would therefore be unethical to comment as per ABA Rule 4.2.
Q: disabled person who hired a paralegal who wasn't really a paralegal come to find out, she lied to me
all the paperwork she did was wrong she missed a court date for a demurrer. My friend paid her 2k cause I have 0 money and now I don't know what to do about this matter. The court granted the request of the demurrer and I have no clue what just happened. Per the ADA I can ask for a special... Read more »
It is always a good idea to get references when hiring a paralegal. I believe you need to hire an attorney. A Paralegal is not allowed to practice law. Sorry you were taken. You have not stated what type of case it is , so no one can answer this or give you advice. Best of luck.
Q: Acoma Pueblo is a sovereign nation. So cyfd and Acoma Pueblo are Collaborated and cyfd took custody of my children. But
We domicile on the Acoma Pueblo . So who has the jurisdiction of this case? We have went to court adjudicatory hearing and cyfd attorney had to do a continuance on this hearing 3 times already. To my knowledge cyfd should have already transferred or gave the Tribal courts jurisdiction, over my... Read more »
Hello,
I am sorry to hear of your situation.
Dealing with a State Agency on Tribal Lands can be a complex situation. Today many tribes have entered into Intergovernmental Agreements (IGA) with the Children, Youth and Families Department (CYFD) of the State as it pertains to the... Read more »
Q: Is there any way to find documentation for a paternity test that was done in the early 90's for Child support?
I'm needing to prove that my dad is my dad. He wasnt on my original birth certificate but later did a paternity test for child support. We need a court ordered DNA test (which is my 2nd option) so I can apply for a cdib card if I cant locate this info. It seems to have been lost over the years but... Read more »
You can get a copy of the child support order from the court clerk.
Q: Is the removal of the indians from their land legal or illegal based on their agreements
Hello,
Unfortunately, this is an overly broad question to answer. There is much more information needed to accurately address your inquiry. Which Nation, tribe and agreement (i.e. Indian Removal Act of 1830 by President Andrew Jackson and the Five Nations)? What era (Presidents Washington,... Read more »
Q: Are GOV vehicles registered to a tribe required to have insurance if driven off the reservation?
23 year old tribal member involved in accident off the reservation. No insurance, but is a GOV truck registered to the tribe. Who is held liable, non-insured driver or the tribe that's the registered owner?
Generally both. Tribal law governs on tribal land. Take the vehicle outside the rez or national boundary, then the state law applies. However tribe should have some type of umbrella policy.
Q: Ok my children got taken away from us by CYFD. And we live on reservation right. So so who takes jurisdiction?
And could this case be dismissed if the tribe and CYFD didnt follow procedure?
Hello,
I am sorry to hear of your situation.
In New Mexico the following tribes have agreements with CYFD:
Mescalero Apache
Navajo Nation
Pueblo of Jemez
Pueblo of Tesuque
Therefore, if you are a member of these tribes CYFD will have... Read more »
Q: What is the monety amou t required bond or surety for a city manager
None
You could try reposting this question and including Municipal Law under your categories. It might have a better chance of being picked up there.
Tim Akpinar
Q: Could I sue someone for using a logo that's part of my religion
Logo is demeaning to my Race. A misuse of it's sole purpose and descrimnates my heritage and culture as a Native American
You can sue for anything. Whether it will be a viable suit or have any legal merit is another thing.
Sounds like you want to sue the Washington Redskins. Read (google) all the articles. Do you think there is a reason no one else is suing?
Q: We are now ha the jurisdictional level in the Indian Bureau has not been made aware that my daughter is possibly Indians
We are now at the jurisdictional level and had it not been for me bringing it up once again the Indian Bureau has yet to be notified up until the 18th of this month about my daughter and possible Navajo Indian is that a violation of her due process rights? And what can I do and can I appeal a... Read more »
Hire a lawyer familiar with Navajo law
Q: Hello I am a concerned father,my son was convicted at trial for a case he never knew nothing about and lost at trial
We obtain private legal representation and they never came to see my son.he just got sentence to 10yrs and has no record the attorneys were inaffected
This seems like a miscarriage of justice to me; of course, I would need to read the trial transcript and speak to all necessary parties, but I hope you guys are filed a notice of appeal because this case needs to be appealed.
My practice is chiefly concerns criminal law, and I have been... Read more »
Q: My great grandfather died without a will and has oil land in Oklahoma still . My grandmother is passed .do I have rights
Has an error to claiming any of that my grandmother was taken from her family and 1930s and never saw her family again. We just in the last five years found out about this land . I have been trying to find somebody to talk to to maybe point me in the right direction . I would love to tell you more
Possibly, It’s really answer this question requires a lot more information from you I suggest: a attorney that handles probate. If your grandmother theater was entitled to inherit then your parent ( grandmother’s child ) could also inherit
Q: A company working for a tribal payday loan company threatened to issue an arrest warrant for non payment?Live in Ill.
I spoke with a guy who works for a debt collection company who currently has a debt from a payday loan I took out from a tribal payday loan company. I tried to comply and pay a portion but he refused my amount and said an arrest warrant will be issued. Can this really happen?
No it cannot, and it is a blatant violation of the Fair Debt Collection Practices Act. Do you have any written evidence of the threat? In any event, refrain from speaking with the debt collector and contact an attorney immediately. Many of us offer free consultations, and will advise as to your... Read more »
Q: I am wanting full custody of my three children? Being a single mom, I can't afford a lawyer. What do I do?
The father isn't a safe person, he drinks constantly, doesn't show up on Fridays to pick them up(court-ordered), doesn't notify me either, doesn't buckle up my children in car seats while driving, has random people around them. I'm scared of my kids safety while he has them, I can't afford a... Read more »
Sorry, but with so many issues, and for the safety of the kids, You should consult an experienced Family Law Attorney, in your area, for help with these problems.
Please visit my website https://www.garyjdean.com and Subscribe for updates on Oklahoma Law.
Q: Do I have to repay a tribal loan?
I live in Maryland. Their interest rates are illegal in Maryland.
It may depend on where the loan was made. If it was legal where made, it may be legal to enforce in MD. If the loan was made here in MD, or solicited here in MD, then the lender is required to be licensed in MD for many types of consumer loans, and the loan is subject to MD laws.
Q: Can a mothers rights be terminated while the mother is incarcerated?
Father and girfriend had child was removed by tribal dhs due to domestic violence and drug abuse.
There is no real clear answer, you need to ask this again, and include a lot more facts. But generally, rights cannot be terminated very easily. You should see an experienced family law attorney to help you with this problem.
Please visit my website, www.garyjdean.com for information on... Read more »
Q: How many variations can be covered in one patent? I created a gaming table that I foresee being done in Multiple ways.
Gaming table utilizes a clear surface, but that could be done via glass, plastic, etc.
Table is also able to be fliped over utilizing both sides, however this could be done manually, mechanically, or electronically
Also, I am "American Indian" and do not belong to a federally... Read more »
There is no limit how many variations of ONE invention you can cover.
But, you cannot claim more than one invention in one patent. If the Examiner thinks that the claims cover more than one invention, then he/she will issue a restriction and ask you to elect only one invention to... Read more »
Q: my wife took 3 of my car titles in my name only to her indian tribe tag office and came back with titles and in her name
what can I do legaly and can I sue the tribe for this becacause she said the lady said to sign my name on there and she also signed my name on tax papers
Gather the titles and any other info you have and schedule an appt with an attorney to review your case. After looking at everything you have they will be able to tell you your options.
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