Apr
8

The Latest Immigration Rumors - Truth v. Fiction

The past few months have been a busy time in the world of immigration law.  We know many people are struggling to filter truth from rumor.  In a climate like this, it can be hard to know what to believe and how to plan for the days ahead.  Here is what we know today, and possibly expect tomorrow under the current administration.   

The Travel Ban(s)

The Executive Orders addressing refugees and issuing visas has understandably caused a lot of confusion. The situation with this order is changing as litigation continues around the country to stop the travel ban(s) and at the moment the...

Apr
8

How the Naughty Employee Is the Employer's Problem

An employee in Minnesota, acting in good faith and within the scope of the employee’s work, is normally protected from direct civil liability by his or her employer through what is typically referred to as indemnification. Minnesota lays out this protection in statute at section 181.970 – Employee Indemnification. It typically covers all damages, penalties, and fines. You can find the statute here: https://www.revisor.mn.gov/statutes/?id=181.970.

At its heart this law states that an employer, not the employee, is responsible for damages resulting from the conduct of the employee on the...

Feb
21

Modification of Custody and Parenting Time

Sometimes clients come to Wilson Law Group months or years after finalizing a divorce or custody case and want to change the custody labels or parenting time schedule established previously. Some parents want to modify custody labels due to a new reality: a new job that is farther away, or because the child has started living with the “non-custodial” parent full-time. Other parents want to modify custody because they are concerned with the other parent’s parenting skills, or fear for the safety of the child. Modification, however, can be a very difficult process in Minnesota as many...

Feb
21

Forcing a Contractor to File a Mechanic’s Lien Often Makes for Poor Negotiation Strategy

Various news outlets recently have been reporting on yet another story involving President-elect Donald Trump (big surprise there). Luckily this story was not a political one, was not unverified, and touches on an important issue concerning mechanic’s liens in construction law.

The basic story is that at least three contractors have filed mechanic’s liens against the Trump International Hotel totaling at $5 million dollars in unpaid labor and materials (see, for instance,...

Feb
6

How TPS Can Help You Get a Green Card

In order to qualify to adjust status from within the United States (i.e. apply for a green card), you have to have been “inspected and admitted or paroled.” In other words, a person who entered without a visa or other documentation must generally return to his or her home country to apply for an immigrant visa there rather than filing for a green card from within the United States. This requirement serves to trap many longtime recipients of Temporary Protected Status (“TPS”) in TPS even though they have relatives who could petition for them. 

Wilson Law Group attorneys David Wilson...

Jan
3

Extending a Minnesota Driver’s License with a “Status Check” Date

If you have TPS, DACA, U nonimmigrant status, a pending application for permanent residency or asylum, or one of several other temporary nonimmigrant statuses, you may be eligible to obtain a Minnesota driver’s license.  In most cases, the Minnesota driver’s license will have a “status check” date that matches the employment authorization document (EAD) or visa expiration date. 

If your EAD or visa has expired, but you have an application for renewal or extension of status pending, you may be eligible to temporarily extend the “status check” date on your Minnesota driver’s...

Jan
3

Employment Authorization Document Renewal is Changing

Many immigrants with employment authorization documents (EADs) must renew their cards every year or two.  Because the Department of Homeland Security is inconsistent in adjudicating EAD renewals, some immigrants’ EADs expire while they desperately wait for their renewal applications to be approved.

In an attempt to cure this problem, the Department of Homeland Security will soon begin automatically extending the validity of certain EADs when the immigrant files a renewal application.  This means that a person who files a renewal application before his or her EAD expires will be able to...

Dec
16

Minnesota’s New Revenge Porn Law and Free Speech

On August 1, 2016, a new Minnesota law came into effect criminalizing acts involving what is commonly known as “revenge porn.”  The law is intended to protect people from the actions of jilted partners who post on the internet or otherwise distribute sexual images of their ex’s, often including names and contact information.  Minnesota Statute 617.261, entitled “Nonconsensual Dissemination of Private Sexual Images,” makes it a crime “to intentionally disseminate” a private sexual image of another, identifiable person.  Under this law, the person who disseminated the image...

Nov
25

Family Court Jurisdiction over Non-Residents of Minnesota

Wilson Law Group regularly represents clients seeking a divorce from a spouse living outside of Minnesota.  We encounter a common situation where the parties have been separated for years, often by borders or oceans, but have not actually divorced.  Eventually, the spouse recognizes the time has come to dissolve the marriage, for various personal reasons.  The passage of time does not simply render the parties divorced (an unfortunate myth that continues to persist), and any subsequent marriages are invalid if the prior marriage is not dissolved. 

When the spouse is living outside of...

Nov
25

When a BB Gun Is Not a Gun

In a case published on October 19, 2016, the Minnesota Supreme Court decided an issue long debated in Minnesota Courts: Is a BB gun a firearm under Minnesota Criminal Law. The issue was presented when the State charged Mr. Haywood with violating Minn. Stat. § 609.165, subd.1b, which criminalizes the possession of a firearm by an ineligible person. The Court’s analysis is also relevant to any case in which an individual is charged with possession or use of a firearm when the term “firearm” is not specifically defined by statute.

In the case, State v. Haywood, No. A14-1792, 2016 WL...

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