As of the writing of this article, U.S. Immigration law does not recognize gay marriages for immigration purposes. However, transgender marriages are viewed differently. A noncitizen who marries a United States citizen (“USC”) or lawful permanent resident (“LPR”) is eligible for adjustment of status. To do so, the USC or LPR spouse must file a petition on behalf of the noncitizen spouse.

For adoptions in Minnesota, the adoption lawyers at Cundy and Martin can represent both adoptive-parents and birth parents in legal adoption proceedings in Minnesota. Sometimes adoption agencies are involved and sometimes they are not required. Our firm represents clients in both direct-placement adoptions and step-parent or relative adoptions.

In order to bring an action before the Court to modify an existing child support order, the parent requesting the modification must be able to show that one of the following has occurred:

The Defense of Marriage Act (DOMA) is a federal law which defines marriage as a “legal union between one man and one woman.”

Non-immigrant visas, such as tourist and student visas, permit you to enter the U.S. for a short time. If you're planning a short trip to the United States, you must, with certain exceptions, obtain a "non-immigrant" (temporary) visa. Below we summarize who qualifies for the various types of visas.

We live in a very mobile society. People often move from one state to another because of work, to find a better job, for a new relationship, or to relocate closer to extended family. This article is about what happens to parenting-time plans and custody agreements when one parent wants to move out of state. Understanding the law is important to protect your interests in moving or to protect your interests in keeping your children in close proximity to where you live.

U.S. immigration law permits fashion models to get the same type of visa held by foreign professionals holding bachelor’s degrees or higher, without the required education.

The availability of health insurance coverage is a concern for many people contemplating a divorce. This is especially true for people with children or those insured by a spouse’s health insurance policy.

The author replies to the most Frequently Asked Questions about divorce in Minnesota.

In the recent U.S. Supreme Court case of Padilla v. Kentucky, the court held that criminal lawyers must inform a client whether his plea carries a risk of deportation.

The branch of the U.S. Department of Homeland Security (DHS) that deports people is called U.S. Immigration and Customs Enforcement (ICE). After years of defending people in Immigration Court, I have seen a pattern of how ICE locates people for deportation. This article will give you an idea of how ICE finds you if it believes you have violated the immigration law.

Minneapolis, Minnesota Family Law Attorney Discusses Termination of Parental Rights.

Kent B. Gravelle, an attorney licensed in Minnesota and North Dakota, discusses insurance law suits and their effects on businesses.

Many people are citizens of America by birth or through some other part of the immigration law and don’t even know it. If you are a citizen by law, you do not need to take the citizenship and naturalization test through the INS or U.S. Citizenship and Immigration Services. Even if you have no documentation or consider yourself an “illegal alien”, if you are citizen by law, your lack of documentation does not change the fact that you are a citizen – you just need proof of it.

The Immigration and Nationality Act (INA) at section 237 allows the Department of Homeland Security DHS, through U.S. Immigration and Customs Enforcement (ICE) to deport someone who has committed a crime involving moral turpitude, commonly referred to a CIMT, if the conviction occurred within five (5) years after admission and the conviction was for a crime for which a sentence of one year or longer may be imposed.

The immigration office that serves Minnesota and surrounding states is located in Bloomington, MN. If you have a case pending at the USCIS office in Bloomington, MN, or at the immigration court, it is helpful to have an attorney familiar with the local procedures.

A discussion on prevailing wage issues for work visas and green cards.

Insights into collecting debts through the conciliation court.

The last time we had a law that many considered amnesty was in 2000.

Discussion on the H1B cap and how it effects F-1 students on OPT. The new Cap Gap rule.

Evicting tenants and collecting unpaid rent in Minnesota.

Divorce laws vary depending on your state. This article is about divorce in Minnesota.

I am being charged with a crime, can Immigration deport me?

I have a K-1 fiance visa, can I work?

TN status is available under NAFTA for professional workers from Canada and Mexico if they are filling one of the following positions and have the necessary qualifications for the position.

Seasonal industries often find it difficult to find seasonal workers due to the short duration of the jobs and the tasks involved. This is where the H-2B visa category can help.

There are two types of custody determinations that must be made in all divorce and paternity proceedings. The first type is legal custody, which consists of decision making with respect to extraordinary health, education, and religious issues involving the children.

The type of visa that one needs in order to work in the United States typically requires analyzing the position that the worker will fill and the qualifications of the worker. Below are the most common work visa categories and the general criteria for such visas. If you are a U.S. employer in Minnesota or any other U.S. state, our immigration lawyers can help with your case.

Criminal charges and immigration consequences.

Are spousal maintenance and alimony the same thing? How much will I have to pay? How much can I ask for? How can I change spousal maintenance?

If you fear returning to your country, you may be eligible to file for asylum in the United States.

When the U.S. government is trying to deport you, it is U.S. Immigration and Customs Enforcement (ICE), formerly known as Immigration and Naturalization Service (INS), that enforces the deportation law. Deportation is also known as “removal” from the United States.

Temporary green cards based on marriage must be renewed before they expire. The application used is the I-751 Petition to Remove the Conditions on Residence.

When the immigration service USCIS fails to make a decision on an application for a green card I-485 or citizenship N-400, a lawsuit in federal court may be the only remedy.

If you want to get a U.S. green card based on your job in the United States, or if you are an employer that wants to sponsor someone for a green card, you must go through a multi-step process. This process generally involves complicated filings with the U.S. Department of Labor and U.S. Citizenship & Immigration Services (USCIS).

What is the Child Support law in Minnesota? How do I change my child support in MN?

A dram shop case typically occurs when a drunk patron of a restaurant or bar leaves in a motor vehicle and then injures or kills another driver or pedestrian. The attorney for the plaintiff (the injured party) then brings a suit against the drunk driver and the bar or restaurant, seeking to recover personal injury damages. Dram shop suits are allowed by Minnesota Statute Section 340A.801.

Small businesses, individuals, and home owners are often sued in personal injury litigation. Small businesses are most often sued as a result of a slip and fall, individuals are most often sued as a result of an automobile accident, and homeowners are most often sued for some alleged defect which resulted in a slip and fall.

Small business owners are often confronted with employment law issues with little or no notice. The following are examples.

I have been defending small corporations in both Minnesota and North Dakota asbestos litigation for over five years. The differences between the two jurisdictions in this specialty area of the law are stark.

The immigration law contains provisions that U.S. companies can use to transfer managers, executives, and specialized knowledge personal from a location abroad to the United States. The visa is called an L-1 and is used for intracompany transfers.