May
7

Do I Have the Right to Access my Personnel File?

A common question that arises after an individual separates from his or her employer is whether he or she has the right to access his or her personnel file.  The answer is often “Yes,” but exactly when, what, and how often varies between states.  A review of the states surrounding Minnesota reveals several subtlety different approaches.

North Dakota, for example, does not provide such a right to private employees.  It instead limits the right of access to state employees under North Dakota Century Code 54-06-21.  South Dakota is no different (see S.D. Cod. L. Ch. 3-6A-31).

Iowa...

Apr
30

Can I Get Divorced in the United States and Minnesota?

A common question we hear during our initial divorce consultations is, “Can I divorce my spouse here in the U.S. if we were married in another country?”  The answer is "Yes." 

In Minnesota, a party seeking to divorce his spouse must have at least six months of residency in Minnesota before commencing a divorce proceeding.  The important point is that it does not matter if the other spouse resides outside of Minnesota, or even outside of the United States.  What is important is that the other spouse receives proper notice.  The spouse petitioning for divorce must ensure that he or...

Apr
30

The Byron Smith Trial in Little Falls, MN

By now you have probably heard the name Byron Smith, who is currently on trial in Little Falls, Minnesota, for shooting two teenage intruders on Thanksgiving Day 2012. In Minnesota, a homeowner has the right to use deadly force against an intruder if the homeowner is reasonably in fear of being harmed. That is the central question the jurors have to answer in the case – was Mr. Smith in reasonable fear of being harmed by the two unarmed teenagers? This case sparks memories of the controversial Treyvon Martin trial last summer in Florida where the defendant, George Zimmerman, was...

Apr
30

Fact or Fiction: Does Ten Years of Physical Presence Alone Lead to Permanent Residency?

Wilson Law Group is separating fact from fiction in a series of blogs clarifying some common misconceptions in immigration law.  We hope you find our clarifications helpful. 

One common misconception is that after living in the United States for ten years, a person automatically qualifies for permanent residency or can avoid removal from the U.S.  We wish it were that simple, but it is not.  To be clear, ten years of presence in the United States does not in and of itself lead to a green card or qualify someone for relief from removal. 

Rather, ten years is just one of several...

Apr
21

Immigration Fact Check: Your U.S. Citizen Child Can’t Help You Apply for an Unlawful Presence Waiver

If you have a U.S. citizen child over the age of 21, he or she may petition for you to immigrate to the United States as an immediate relative. Before asking your child to file a petition on your behalf, you should make sure that you are eligible to adjust status after USCIS approves the petition.

If you are living in the United States and you entered without inspection, you will have to consular process from abroad to obtain your green card after your child petitions for you. If you have been unlawfully present in the United States for more than 180 days, your departure from the United...

Apr
15

Congratulations, 2014 Trail Mix Race Teams!

WLG had four different teams participate in the 2014 Trail Mix Race MN on April 12th!  Here are the results and a few pictures of the event:

9) FSD

12) 4 Fast 4 Furious

19) TEAM GRAVIGNOLLSONS

22) Scrambled Legs

Apr
9

Divorce: Does it Terminate Affidavits of Support?

Family law attorneys understand that a divorce permanently dissolves the bonds of matrimony between two spouses, making them two single individuals free to go on their separate ways, once the court has entered the judgment and decree.  However, contrary to popular belief, divorce does not terminate a very important financial contract, if one of them is a foreign national who obtained lawful permanent residency through the marriage.  That contract is the Affidavit of Support, U.S. Citizenship and Immigration Services Form I-864, governed by the Immigration and Nationality Act, Section...

Apr
9

It Might Take a Little Longer Than Expected to Get a Decision on Your Provisional Unlawful Presence Waiver. Here’s Why.

U.S. Citizenship and Immigration Services (USCIS) recently announced that it will reopen Provisional Waiver of Unlawful Presence cases that were denied because of the applicant’s criminal history.  This means hundreds of previously denied cases will be reopened and re-adjudicated.

A Brief Background:

The stateside Provisional Unlawful Presence Waiver allows applicants to remain inside the U.S. while USCIS adjudicates their applications.  Because the Provisional Waiver only waives unlawful presence, applicants that have any other factors that might render them inadmissible, like prior...

Mar
27

Discovered and Unclaimed Property: A Modern Reminder and a Little Practical Advice

As some of you probably have heard over the last few weeks, a couple in California discovered approximately $10 million worth of antique gold coins buried on their land. While this is quite an extreme example of the issue, this historic find provides an opportunity for a segue into a broader discussion of ownership rights to discovered or unclaimed property.

Time has a great article on the California couple’s particular circumstances and discovered property issues generally. You can find that here: TIME | “The Law of Finders-Keepers and What Happens When You Find Buried...

Mar
14

WLG Newsletter: "Is there a Safe Plea for Non-Citizens Charged with Solicitation of Prostitution?"

Wilson Law Group published its second newsletter discussing the intersection of criminal and immigration law.  The full text is below.  A PDF version is available at 138-107-wlg-newsletter-there-safe-plea-non-citizens-charged-solicitation-prostitution.pdf

Is there a Safe Plea for Non-Citizens Charged with Solicitation of Prostitution?

February 2014

THIS POSTING IS UPDATED.  Click here to learn the latest developments.   

Happy New Year, and welcome to the latest Wilson Law Group Newsletter.  In our July 2013 issue, Wilson Law Group addressed domestic assault.  In this edition, we focus...

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