Posted on November 11, 2015 in Immigration

Adjustment of status is a common immigration term, used to mean a variety of things. In reality, it pertains to a specific procedure, namely the act of “adjusting status” from visa holder to lawful permanent resident (LPR) without having to leave the United States. Doing so is fairly straightforward; however, it is not without its confusing aspects. The method of adjusting one’s status is also constantly undergoing changes, even as of this writing.

Requirements

To be able to adjust status while inside the U.S., you must fit one or more of the visa categories; in other words, you must be either the beneficiary of an immigrant visa petition filed either beforehand or concurrently (depending on the category you are applying in), or you must have applied for and received a specific visa which permits adjustment of status. Categories include the following:

• Family based petitions, where a U.S. citizen or lawful permanent resident related to you files on your behalf;

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 Posted on November 10, 2015 in Personal Injury

Local area shopping centers will be a hubbub of activity during the upcoming holiday season. However, a routine trip for eager holiday shoppers can end in injuries as both in-store and parking lot accidents are common.

Dangerous Parking Lot Conditions

Various scenarios can cause serious or fatal outdoor retail store injuries. And while using common sense and taking proper precautions can help, parking lot accidents inevitably occur and can be caused by the following circumstances:

• Congested parking lots and insufficient security;
• Poor parking lot conditions such as a failure to clear snow, a poorly designed parking scheme, or inadequate lot lighting;
• Distracted, aggressive, or inattentive drivers rushing to find a coveted parking spot; and
• Unenforceable traffic laws in private lots.

Headaches As You Head Inside

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 Posted on November 06, 2015 in Family Law

It is common for a child with divorcing parents to express a desire to live with one parent over another. However, it is a frequent misconception that a child, especially an older child, can choose which parent to live with. In Illinois, the law does not allow a child to decide his or her custody arrangement. Instead, “the wishes of the child” is only one of a multitude of factors that a court considers when it awards custody.

Why a Child Cannot Choose Who to Live With

There are very good reasons for not allowing a child to determine his or her custody arrangement. For one, courts do not allow minors to make legally binding decisions. This includes prohibiting children from making decisions regarding their placement. Additionally, a court would not want to put a child in a position where he or she would have to make such an important decision about his or her future. Finally, not allowing a child to decide his or her placement helps protect the child from undue influence or persuasion from his or her parents or other potential guardians.

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 Posted on November 04, 2015 in Immigration

In the current American political climate, there is almost constant misinformation being spread about every aspect of immigration law. Conflicting reports abound on every question, from family sponsorship to requirements for asylum—and no topic has perhaps created more discussion (both truthful and misinformed) than the idea of keeping undocumented immigrants in the country via the passage of legislation and/or executive initiatives.

The Deferred Action for Childhood Arrivals (DACA) and the DREAM Act (which has not been passed, but has influenced the content of other initiatives, DACA included) have been touchstones for discussion since their introduction. Anyone facing immigration consequences should be aware of what DACA actually states.

The History of the DREAM Act

The Development, Relief and Education for Alien Minors (DREAM) Act was first introduced in 2001. The original bill would introduce a set of criteria for undocumented minors to meet, after which they would be granted conditional residency, and later on, permanent residency if all qualifications were met. Various characteristics that applicants would be required to possess include the following:

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 Posted on November 03, 2015 in Personal Injury

An awful story came to light recently involving a car, a keyless ignition, and an innocent elderly couple. The couple's 2013 Lincoln MKS was left running in their attached garage, and by the time their home carbon dioxide alarm alerted them, it was too late.

A lawsuit has been filed and it cites several cases in which drivers had inadvertently left their vehicles running inside enclosed garages. The buildup of toxic odorless carbon monoxide gas seeped into homes and, in the case of the elderly couple, proved deadly.

Although a relatively new convenience, keyless ignition systems are available on several new cars sold throughout the United States. These systems allow drivers to start a car with the press of a button while their electronic "key fob" remains in their pocket or pocket book. A car will not start if the key fob is not detected inside the vehicle. However, what has emerged as somewhat of a defect is that once the vehicle has been started, these systems allow to the vehicle to continue idling even though the fob is no longer in the car.

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 Posted on October 30, 2015 in Personal Injury

When a loved one dies too soon, the emotional and financial effects can last for the rest of your life. In Illinois wrongful death suits, the next of kin have the opportunity to collect compensation for the loss of their loved one.

What You Can Recover

While money will never bring back or replace a loved one, it can help ease the financial burden, and it is the only way the law can try to right the wrong that was done to you and your family.

Wrongful death suits may allow the surviving family members to collect damages for:

• Funeral expenses;
• Lost wages;
• Loss of companionship;
• Grief; and
• Mental suffering.

The law is setup so that only the personal representative of a deceased person’s estate can file a lawsuit. Any damages collected are paid out to the next of kin in accordance with state law or any estate plan. The personal representative is often a close family member. Most estate planning documents, such as wills and trusts, will nominate someone to serve as the personal representative.

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 Posted on October 28, 2015 in Immigration

Many who seek to come to the United States, either permanently or temporarily, seek the right to work in order to support themselves. However, depending on the type of visa one holds, he or she may or may not be able to do so. An employment authorization document (EAD) must be obtained.

There is a fair amount of misinformation surrounding employment authorizations, and it is imperative that you, as an arriving immigrant, understand the truth.

Who Needs an EAD?

Holders of immigrant visas generally do not require an EAD in order to work. Lawful permanent residents (or ‘green card’ holders, the most common immigrant visa holders) may work by virtue of their Alien Registration Card. Non-immigrant visa holders do not require EADs to work if they are employed by the program that brought them to the country. For example, an F1 student seeking on-campus employment for less than 20 hours per week does not require an EAD. Refugees and asylees must also have an EAD in order to work, although employment authorization is almost universally granted at the time asylum or refugee status is conferred upon the person.

There are some non-immigrant visa holders who are required to have both an EAD and a Labor Certification, issued by the Department of Labor. Many mistakenly believe that the two are the same; however, they are in fact very different. An EAD grants the right to work, while a Labor Certification merely certifies that there are no more qualified applicants for a specific position, allowing the green card or non-immigrant visa petition to go forward. The EAD is also not employer-specific, while a Labor Certification must be re-applied for if a holder switches employers.

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 Posted on October 26, 2015 in Family Law

Sometimes, even when the court orders visitation, a parent isn’t able to spend enough time with his or her child. Jobs that require frequent travel, or family circumstances, sometimes make it hard for parents to be there for regular visits. But, thanks to modern technology, in some cases there may be a solution to this issue. Virtual visitation allows for parents and children to connect through things like Skype, Facetime, webcams, email, and text messages.

When Virtual Visitation May Be a Good Idea

Illinois is one of the few states that has specifically dealt with the issue of virtual visitation in its family law statutes. Virtual visitation is not for cases where there has been abuse of any kind or misuse of the parenting time rules.

Virtual visitation is for situations where a parent cannot exercise in person visitation, or it is in the best interests of the child to have some virtual visitation in addition to physical visitation.

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 Posted on October 23, 2015 in Personal Injury

Accidents caused by drunk drivers injure and kill thousands of people every year. Often, the injuries from these accidents can take months or even years from which to recover. Some people will never fully recover.

Under Illinois law, when you are injured because of someone else’s negligence, you may have a right to be compensated for your injuries, economic losses, pain and suffering.

Blood Alcohol Level and Negligence

Anyone found to have a blood alcohol level (BAC) of .08 or higher is legally intoxicated in Illinois. Hence, a driver cannot defend against claims for damages by claiming he or she was not impaired. Still, even if someone has a BAC of less than .08, he or she may still have been driving impaired and legally responsible for the accident.

Personal injury law requires that a person making a claim for damages be able to prove four factors:

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 Posted on October 21, 2015 in Immigration

Of the millions of immigrants that arrive in the United States each year, many are minors and are undocumented. Regardless of how they enter the United States, however, minors can face extra hurdles between them and lawful status in the country. Knowing the requirements for minors can help to avoid a lengthy court battle that can tax the patience of all involved.

Documented Minors

One of the most common issues that befalls immigrant minors, even if all their papers are in order, is that priority and cutoff date queues are so long that it is not unusual for minors to “age out” of the system. Minors are permitted, under U.S. law, to immigrate on their parent’s petition if certain requirements are fulfilled. However, if a child ceases to be a minor while his or her parent is awaiting approval, he or she is sometimes left behind with no options.

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