Posted on September 25, 2015 in Personal Injury

No matter how experienced of a driver you are, when you get into a car accident you get rattled. Accidents often happen so suddenly; hence, it can be difficult to initially figure out what happened. After every car accident, no matter how small, there are five steps you should take to help keep you safe and to protect your rights.

1. Stop and Stay at the Scene

Leaving the scene of a car accident without first exchanging information and checking on the other driver is a crime. No matter the circumstances of the accident, you will always be better off by performing your duties as a driver.

2. Record Information

Immediately following an accident your adrenaline is increased and you may be in a state of shock. If you are able to safely move, making sure you have the information for any drivers involved in the accident is important. Even if you are a passenger, before you leave make sure to get contact and insurance information. This will make filing a claim easier. Write down the information on a piece of paper, or put it in your phone.

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 Posted on September 23, 2015 in Immigration

When an individual is convicted of a criminal offense, he or she will likely want the situation over and done with as soon as possible. However, the consequences of conviction unfortunately tend to linger. Nowhere is this more apparent than in dealing with immigration authorities, especially since myths abound about the consequences for one’s immigration status after conviction. It is imperative, however, that you do your research, and are aware of what you may potentially face if convicted.

Myth: Only a true conviction and being sentenced after a full trial counts as a conviction for immigration purposes.

False, unfortunately. United States Citizenship and Immigration Services (USCIS) guidelines state explicitly that a “conviction,” for immigration purposes, is defined as a “formal judgment of guilt entered by a jury.” However, there are other outcomes that count as a formal judgment of guilt without going through a trial—for example, a judge finding the suspect guilty (instead of a jury), a suspect pleading nolo contendere (“no contest”) or otherwise confessing.

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 Posted on September 21, 2015 in Family Law

Child custody has been one of the sections of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) that has changed throughout the last several decades. This is because gender roles and responsibilities have shifted, thereby shifting the conventional understanding that it is the mother’s responsibility to care for the children, and the father’s responsibility to support the family financially. Today, there is an increasing trend towards co-parenting, especially when a divorce has been issued; the emergence of stay-at-home dads and the studies that show that two parents is better than one have led to the revolution of the joint custody. No longer is it the presumption that it is in the best interest of the child to have his/her mother as the custodian, but studies have shown that a child is significantly less affected by the divorce and its impact when both parents remain active in the child’s life.

Move from Joint Custody to Co-Parenting Responsibilities and Decisionmaking

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 Posted on September 18, 2015 in Personal Injury

New safety features continue to make cars safer than ever; however, people are still injured in car accidents every day. In Illinois, most accidents are caused by one of the three D’s: distracted driving, drowsy driving, or dunk driving.

Distracted Driving

The term distracted driving is often used to describe people who text and drive. While texting is deadly when combined with driving, there are several other distractions that cause thousands of injuries each year. These distractions include:

• Changing the radio station;
• Talking to passengers in the car;
• “Rubber-necking” or looking at the scene of an accident as you drive by; and
• Eating while driving.

It is impossible to list all of the ways drivers become distracted and end up causing a car accident. Still, any activity that takes your focus away from the road, even for a second, is too dangerous to combine with driving.

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 Posted on September 16, 2015 in Immigration

Sometimes, in haste to help a valued employee relocate between branches or to begin a new job in a new country, employers can be a little too zealous in their application for that worker’s visa. Whether by mistake or by design, there are numerous small errors often made by employers in trying to get their workers into the United States. Therefore, it is important that employers be aware of these mistakes.

Making the Foreign National Pay Costs

Employers are prohibited under Department of Labor (DoL) regulations from making the prospective foreign worker pay any costs associated with his or her visa application.

20 CFR 655.731(c)(9)(C) states that wages may not be deducted (preemptively or retroactively) to recoup their “business expense”, naming specifically attorney fees and visa processing fees as expenses that fall under this regulation. If an employer tries to recoup these costs, they may face a full-blown audit from DOL.

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 Posted on September 14, 2015 in Family Law

With the adoption of the updated version of the Illinois Marriage and Dissolution of Marriage Act (IMDMA), the Illinois General Assembly and its appointed Illinois Family Law Study Committee amended the many of the sections of the IMDMA to reflect cultural norms and trends that are pervasive in today’s modern family lifestyle. The amendments to IMDMA overhauled how the courts understand divorce, child custody, alimony, among other things.

Grounds For Divorce: The Once-Traditional Pathway to Divorce

In historical practices in family law, because marriage was considered fundamental and was to be protected in any way possible, the courts required that those couples who were interested in divorcing would need to have evidence or proof that would go to the matter as to the reasoning surrounding the divorce. This was known as “grounds for divorce”, and before the divorce could be considered, the parties would have to put forth reasons, based on their partners’ misconduct, to show that there was fault behind the reason that the marriage was damaged in the first place.

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 Posted on September 08, 2015 in Immigration

The majority of non-immigrant visitors to the United States enter on a B1/B2 visa, also referred to as a visitor’s visa. This visa is granted to those who have business of a limited term within the country, and can be valid for anywhere from a single entry to unlimited entry during 10 years, depending on the facts of the case and the nationality of the person applying.

However, an interesting issue has appeared in recent years: more and more people have been misusing B1/B2 visas, either by overstaying their accepted length or by trying to conduct business in the country that is not consistent with their visa type. Many of these mistakes are unintentional. If you are in the U.S. on a visitor visa, you must have a clear understanding of the types of activities in which you are allowed to engage.

Accepted Uses for B1 Visas

B1/B2 visas are for business and tourism, respectively. (The categories are almost always issued concurrently, because of how often the purposes for traveling can blur—for example, businessmen may conduct a meeting or two on a trip that is primarily vacation.) The main difference between B1 visitors and B2 visitors are that while tourist visa holders may not obtain any type of employment (even unpaid), business visitors not only must work on behalf of their employer, they are indeed required to do so as a condition of their visa.

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 Posted on September 07, 2015 in Family Law

The field of family law is changing in Illinois. The House and Senate have passed numerous amendments to current laws to reflect the ever changing dynamics of family law, especially as the United States is showing a significant departure from traditional family units in favor of more varied family make-ups. The nuclear family has changed and the law has been slow to keep up, but finally is reflecting the new social norms in the family arena.

One of the major amendments to family law is the update and redrafting of the Parentage Act of 1984. With it being more than 40 years since its initial passage, the law has been in significant need of a reboot, especially with same-sex parents now becoming part of the new normal. The Illinois General Assembly recently passed the Parentage Act of 2015, and is currently waiting for the governor’s signature.

Main Amendments to the Parentage Act

The main changes that were made to the Updated Parentage Act look to mirror the societal norms regarding family dynamics that are currently in place by incorporating gender-neutral speech and providing opportunities for parentage to those who are not biologically linked to the child in question. The one thing that hasn’t changed is that all roads end at “the best interest of the child.” In other words, regardless of the changes in the family dynamic, if the child is being raised in a household where his/her needs are being met and there is no harm or threat of harm to the child in question, then the child’s best interests are being served.

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 Posted on September 02, 2015 in Immigration

One of the most overlooked visa categories is the J-1, or exchange visitor visa. While its applications are somewhat murky, it is routine for people to have several misconceptions about it even after receiving one. If you believe a J-1 visa might work best in your travels to the United States, it is imperative that you understand what it can and cannot do.

The Basics

The J-1 visa is designed for those in study or work-based exchange programs—that is, people intending to say in the United States for a specific, temporary length of time. It is not uncommon for many to confuse this visa with an L-1 (a visa allowing workers to transfer between an international branch of their company and a United States branch) or an F-1 (a visa which permits study at an institution of higher education or at a trade school). There are specific categories into which an applicant must fall in order to have clearance to apply for a J-1. Categories include the following:

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 Posted on August 27, 2015 in Family Law

The concept of family has made an incredible transformation over hundreds of years. The traditional family unit hundreds of years ago painted a portrait of the nuclear family – father, mother, and children – with various layers of familial relatives that supported and encircled the nuclear family. Each nuclear family unit was considered independent and unified, with the responsibilities of each parent outlined according to their specific gender roles and society’s ideals. Flash forward to today’s present and the family norm has transformed from the traditional nuclear family into a various cross-section of familial lifestyles.

The History of Illinois’s Marriage and Dissolution of Marriage Act

In Illinois, the Marriage and Dissolution of Marriage Act (IMDMA) is the codification of family practices in the state. It was passed in 1977 and attempted to handle the ever-changing relationship between the court system, the law, and the family. Except for minor tweaks, the law, which was written back in 1977, has not been touched in 40 years, and now is the center of a massive overhaul. As part of the overhaul, Illinois set up its own specialized committee, the Illinois Family Law Study Committee, to comb through the IMDMA and make the necessary changes to reflect the new normal now seen throughout Illinois and the United States. Same-sex marriage, which had been codified and took effect on June 1, 2014, was just one of the many issues tackled.

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