Jarvis-Fleming Law Ltd.

Changes to immigration laws spark confusion

2026-05-28T13:55:41Z

Recently, the White House announced sweeping changes to the immigration laws. These changes can potentially affect how some immigrants obtain green cards. The administration now requires those seeking green cards to apply from their home countries. Most applicants who are already in the United States now have to self-deport and return to the countries they fled to reapply.

Who will be affected?

A lack of clarity in the requirements has many immigrants worried about their futures. While the policy will likely face legal challenges, the full reverberations of the law are still uncertain. What is certain is that these new requirements can have a chilling effect on the immigration process itself and on immigrant communities specifically.

Are there any exceptions?

Probably. Those who came to the United States on employment-based visas (H-1B) may be exempt. Protected classes of refugees should receive those protections as well. How those on humanitarian parole would be affected is still unknown. Anyone who remains in the USA on expired visas may become targets of Immigration and Customs Enforcement (ICE) agents. Another concern arises from the corporations that employ immigrants. They expressed concerns about these changes, raising worries that companies may choose not to seek green cards for their workers.

Are you worried about your status?

Seeing pathways to legal immigration closing, immigrants are right to be concerned about how the new laws will affect their legal status here in the United States. The answers now are not clear, but it makes good sense to consult with your legal team about any potential upheavals. By working closely with both the community and legal advocates, green card-seekers can pursue the most optimal solutions for their circumstances.

What to know when seeking asylum in the United States in 2026

2026-05-13T03:57:38Z

Recent changes to U.S. immigration policies and enforcement priorities have affected immigrants and asylum-seekers living in the United States, including individuals currently in detention or facing expedited removal proceedings. For many people, the process can feel overwhelming and uncertain, especially when rapid legal changes affect how asylum claims are reviewed and processed.

Individuals who are facing deportation may still have legal options available to remain in the country. In some cases, a person may seek asylum by demonstrating a credible fear of returning to their home country. This generally means showing they could face persecution, torture, violence, or other serious harm if forced to return. Those who establish a credible fear may then move forward in the asylum review process through the United States Citizenship and Immigration Services (USCIS) or the immigration court system.

What happens after a credible fear finding?

Once an asylum-seeker passes an initial credible fear screening interview, several possible outcomes may follow depending on the facts of the case and the current procedures being applied.

Possible next steps can include:

Having the asylum application retained for further review through an Asylum Merits Interview
Determining whether the applicant qualifies for asylum protections or protection under the Convention Against Torture (CAT)
Receiving a Notice to Appear before an immigration judge for formal removal proceedings
Seeking asylum, withholding of removal, or CAT protection before the immigration court

Each path involves strict procedural requirements, deadlines, and supporting documentation. Missing a hearing or failing to submit the correct information can seriously affect a person’s ability to remain in the United States.

Individuals who are ultimately found ineligible for asylum or related protections may remain subject to removal orders. However, every case is unique, and some individuals may qualify for other forms of immigration relief depending on their family ties, employment status, prior immigration history, or humanitarian circumstances.

Understanding your legal rights is an important part of navigating the immigration system. Working with an experienced immigration attorney can help asylum-seekers better understand their options, prepare supporting evidence, and avoid procedural mistakes that could negatively affect their cases. Legal guidance may also help individuals explore additional pathways toward lawful permanent residence or other forms of protected status in the United States.

How to evaluate nursing homes for safety and care

2026-05-02T12:14:19Z

Choosing a nursing home isn’t just a checklist decision. You’re placing your loved ones in the hands of strangers and expecting safety, dignity and consistent care. That’s why due diligence matters. With the rampant cases of nursing home abuse, a thoughtful, hand-on approach can make all the difference in identifying problems early and reducing the risk of abuse. First, look beyond appearance. A polished lobby or friendly tour doesn’t always reflect what daily care actually looks like behind closed doors. Pay attention to what’s happening in real time including how staff speak to residents, how quickly call lights are answered and whether the residents appear clean, engaged and properly supervised. These small, everyday details often reveal more than any brochure or website ever will.

Check the facility’s inspection history

Minnesota’s Department of Health publishes inspection reports and violation records for licensed nursing homes. Before settling on a facility, look for repeated deficiencies, especially those involving resident abuse, neglect or failure to follow care plans.

Check cleanliness and safety measures

Look closely at resident rooms, bathrooms and common spaces. Are they clean and free of hazards? Are handrails, call buttons and mobility aids accessible and functional? Falls are one of the most common causes of serious injury in nursing homes, and many are preventable with proper safety protocols.

When something feels off, act early

Nursing homes are not operating in a gray area when it comes to care standards. They are legally obligated under federal and Minnesota law to provide residents with a safe environment, adequate staffing, proper medical care and protection from abuse and neglect. If you notice any signs of negligence or abuse, such as unexplained injuries, rapid weight loss or emotional withdrawal, don’t dismiss it. Seek urgent professional legal guidance to hold the negligent facility accountable and protect your loved one, if their harm has been caused by negligence or abuse.

3 common mistakes people make after an arrest in Minnesota

2026-04-13T15:42:53Z

Your actions after an arrest can shape the outcome of your case. Some behaviors might seem harmless, but they can weaken your defense or incriminate you. By learning about the mistakes people make after an arrest, you become more likely to protect yourself from criminal charges.

“Clearing things up” with the police

Many people believe that if they explain themselves calmly, the officer will let them go. In reality, whatever you say after an arrest can be used against you later in court. This includes casual conversations you have with a police officer or on a recorded jail phone line. To avoid this problem, exercise your right to remain silent. You will still need to provide your name and identification under Minnesota law. However, if the police ask questions about the case, politely decline to answer and ask for a lawyer.

Missing your initial appearance

After an arrest, the court schedules your initial appearance. This is your first court hearing after being arrested or charged with a crime. It is essential to avoid missing your initial appearance. Under Minnesota law, the court will issue a warrant if you fail to appear at your scheduled hearing. This allows the police to arrest you during routine traffic stops or at home.

“Venting” on social media

It might feel natural to complain about an arrest on social media. However, you might accidentally post something that can incriminate you or reveal a motive. Prosecutors can seek and use those posts as evidence, even if you delete them later. To prevent this, stay away from social media and do not talk about the case to anyone who is not your lawyer.

Protecting yourself after an arrest

After an arrest, you do not have to do anything you are not legally obligated to. By remembering your rights, you can avoid incriminating yourself and move forward without fear.

Can a criminal court plea deal affect your immigration status?

2026-03-19T10:11:48Z

Facing criminal charges can be stressful for anyone, but if you are an immigrant, you may be worried about losing your ability to stay in the United States or being separated from your family. A routine plea deal in criminal court can have serious implications for your immigration status. Understanding where criminal law and immigration law intersect can help you address your case effectively.

What is a plea deal?

A plea deal is an arrangement in a criminal case where the defendant agrees to plead guilty or no contest to certain charges in exchange for a reduced sentence, a lesser charge or other concessions. While plea agreements can save time and help you avoid the uncertainty of a trial, they are not always the best option for non-U.S. citizens.

Hidden immigration risks in criminal plea agreements

In some cases, immigration officials may focus less on the name of the charge and more on how federal immigration law defines the offense. This means that a plea to seemingly minor misconduct could still count as a deportable crime in immigration proceedings. Even if you take a plea to reduce or eliminate criminal penalties, certain criminal convictions, including many drug offenses and some theft or assault crimes, can make you inadmissible or prevent you from adjusting your status. Immigration rules often treat these concessions differently than the criminal justice system does. Some convictions may still result in the denial of your visa, revocation of your green card or permanent disqualification from naturalization.

Protecting your future beyond the courtroom

Before accepting a plea deal, it is critical to consider not only the outcome of the criminal case but also how that decision may impact your immigration status. Ask questions about how immigration law interprets the specific charge, the wording of the plea and the final conviction before agreeing to it in court. Taking the time to fully understand these risks can help you make the most favorable possible decision for your future.

How can U visa holders qualify for a green card?

2026-03-16T10:40:44Z

If you hold a U visa, you may be eligible to apply for a green card and secure permanent residence in the United States. Many applicants face uncertainty about eligibility and past immigration issues. Understanding the requirements for your specific circumstance can help make the process smoother.

Basic eligibility requirements for upgrading to a green card

Before you apply to upgrade your U visa to a green card, you must satisfy the following requirements:

You have remained in the United States for at least three continuous years after receiving your U visa
You did not unreasonably refuse to help law enforcement without a valid reason
You did not participate in the crime involved
You qualify as admissible to the United States
You can show that your stay in the U.S. is in the public interest or necessary for family unity

If you are considering traveling outside the United States, ensure that it will not disrupt the qualifying period. In many cases, you may need a waiver to maintain eligibility.

When can you apply for a green card?

You may apply for a green card once you have completed the required three years in U status. The three-year period starts on the exact date the United States Citizenship and Immigration Services (USCIS) approved your U visa. Once you have confirmed your eligibility, you may file Form I-485. If your family members received derivative U status, they may also qualify for a green card. However, keep in mind that each member will have their own eligibility requirements.

What are the grounds for inadmissibility?

Grounds of inadmissibility refer to the possible reasons that USCIS may use to reject your application. Common grounds that affect a U Visa holder’s eligibility include:

Record of criminal convictions
Prior removals, deportations or unlawful presence
Fraud or misrepresentation on immigration forms

You may be able to address inadmissibility with a waiver. U visa holders often qualify for broader waivers because the law protects victims of certain crimes.

What happens during the application process?

Once you file Form I-485, USCIS will review your documents and may schedule an interview at your local field office. During the interview, an officer will confirm your eligibility and review your history as a U visa holder. When USCIS approves your case, you will receive lawful permanent resident status. If you encounter any issues or an outright denial, you may explore legal remedies to appeal your case.

4 updates in Minnesota’s Ignition Interlock Device Program

2026-02-18T13:51:33Z

Last year, the Minnesota Ignition Interlock Device Program (IIDP) underwent significant changes. These updates have now refined the guidelines necessary to reinstate a participant’s driver’s license. If you recently lost your license due to a driving while impaired (DWI) violation, understanding the changes is crucial to getting back behind the wheel.

Extended look-back period

The most significant update for the IIDP is the look-back period extension. The courts can consider DWI convictions from the past 20 years when determining the length of your license revocation. This means your DWI from 19 years ago, if any, now counts.

Mandatory participation lengths

The state has extended the duration for which you must keep the device, which varies depending on your criminal record:

One prior DWI in 20 years: 2 years of interlock

Two prior DWIs in lifetime: 6 years of interlock

Three or more prior DWIs in lifetime: 10 years of interlock

It is important to note that these timelines are final. You must complete the assigned participation period before your restoration of privileges.

New requirements for treatment and reinstatement

All participants of the Ignition Interlock Device Program (IIDP) must complete a licensed substance use disorder treatment or rehabilitation program. This is a mandatory step before the interlock restriction is removed. However, voluntary enrollees may be exempt from this requirement.

Financial flexibility

Eligible applicants can now enter the IIDP before paying the $680 license reinstatement fee, but this remains a requirement for full reinstatement later. Additionally, you are still responsible for the ongoing costs of the program, including installation, monthly leasing, calibration and removal fees.

Heading towards a reclaimed future

The path to reinstatement is technical, and a single missed deadline or paperwork error can extend your revocation by months. Consulting a criminal defense attorney can guide you in the IIDP application process and offer insights that help you stay compliant with the law.

Recognizing unexplained bruises in elderly residents

2026-02-18T09:11:23Z

Noticing bruises on a loved one in a nursing home can spark worry and confusion. While some bruises may result from everyday accidents, others may reflect rough handling or abuse. Learning to spot concerning signs can help you keep your family members safe and navigate the challenges of long-term care with more confidence.

Bruises that raise concern

Certain bruises deserve closer attention. Marks on the face, neck or back of the arms may suggest rough handling. Clustered bruises or those with unusual shapes can point to repeated strikes or grasping. Timing matters too. If bruises appear often or heal more slowly than expected, they may indicate something more serious than typical aging. Keeping track of these bruises can reveal patterns that might otherwise go unnoticed. Maintaining a simple photo log or noting the size, color and location of each bruise can help you see trends over time. This careful documentation may also support conversations with care staff or professionals if concerns arise.

Spotting warning patterns

Once you start tracking bruises, certain patterns may stand out. Residents with thin skin or those on blood-thinning medications naturally bruise more easily, but some bruising patterns still raise red flags. These can include

Bruises on the upper arms or thighs with irregular shapes
Marks appearing in clusters or lining up in rows
Injuries that do not match everyday activities like walking or transferring
Multiple bruises healing at different rates

Recognizing these patterns may point to repeated incidents that could signal a case of physical mistreatment. Sharing detailed observations with staff can encourage proper evaluation. In some cases, consulting an attorney experienced in elder abuse can guide you in protecting your loved one’s rights and taking further action if needed.

Protecting your loved one every day

Paying attention to unexplained bruises and carefully documenting them helps you understand your loved one’s safety in the facility. Combining observation with awareness of risk factors can reduce the chance of further harm. By noticing these details, you can support both the health and legal protections of those you care about, creating a more secure environment for daily life.

Can a domestic violence conviction affect immigration status?

2026-01-28T16:49:08Z

A domestic violence conviction can cause serious immigration problems if you are not a U.S. citizen. The impact depends on the exact charge, how the law defines that offense, and your immigration status. In Minnesota, even one case can affect visas, green cards, or future immigration benefits in ways many people do not expect.

Why domestic violence charges raise immigration concerns

Immigration law lists certain domestic violence crimes as reasons for deportation. Immigration officials focus on the law you were convicted under instead of personal details from the incident. In some situations, they may review limited court records to see which part of the law applied to your conviction.

How convictions affect green card holders and visa holders

Green card holders may face removal proceedings if a domestic violence conviction meets federal rules and occurred after admission to the United States. Visa holders may face denied extensions, canceled status, or problems when applying for a green card. Criminal records often receive close attention during immigration reviews and benefit applications.

Protective orders and related violations

Many domestic violence cases in Minnesota include an order for protection. Violating a protection order can create immigration problems on its own, even if the original charge ends or gets reduced. More than one related offense can increase the risk of immigration enforcement action.

Long-term immigration consequences

A qualifying domestic violence conviction can limit future immigration options for many years. It may reduce eligibility for certain forms of relief or cancellation of removal. These effects can continue long after fines are paid or probation ends. Domestic violence convictions can affect more than criminal penalties for non-citizens in Minnesota. Depending on the charge and immigration status, these cases may impact residency, visas, and future immigration applications. Learning how immigration law treats these offenses helps clarify what may be at risk.

How does Minnesota handle first-time misdemeanor offenses?

2026-01-14T16:49:19Z

If you face a first-time misdemeanor charge in Minnesota, you likely feel unsure about what comes next. State law sets clear rules for how courts classify these offenses and what consequences may follow. Understanding the process helps you prepare for each stage of the case.

What qualifies as a misdemeanor in Minnesota?

Minnesota law divides crimes into felonies, gross misdemeanors, and misdemeanors. A misdemeanor usually involves less serious conduct and carries a maximum sentence of 90 days in jail and a $1,000 fine. Common examples include disorderly conduct, minor theft, and certain traffic-related offenses.

How courts approach first-time offenses

Judges often consider your lack of prior convictions when handling a first offense. Courts may focus on accountability rather than harsh punishment. In many cases, the court may order a stayed sentence, meaning you avoid jail time if you meet specific conditions.

Possible penalties and alternatives

A first-time misdemeanor can still bring fines, probation, or community service. Courts may also require classes, treatment programs, or restitution. These alternatives aim to correct behavior while allowing you to maintain work and family responsibilities.

How probation typically works

Probation often replaces jail time for first offenses. You may need to meet regularly with a probation officer, follow conduct rules, and complete court-ordered tasks. Failing to follow these terms can lead to additional penalties.

Long-term effects of a misdemeanor charge

Even a first offense can affect employment, housing, and background checks. Minnesota law does allow certain records to be sealed through expungement if you meet eligibility requirements. Taking the case seriously from the start can reduce lasting consequences. The court process follows a structured path that includes arraignment, hearings, and resolution. Staying informed about your obligations helps you avoid mistakes that could worsen the outcome. A clear understanding of Minnesota law gives you more control during a stressful time.