Human Trafficking: Its Costs and Victims

 Posted on February 24, 2015 in Immigration

While most people are unaware of the extent and scope of human trafficking, the sad fact is that it persists to an unacceptable degree and in countries most people believe are free from crime of this nature. And very often, its victims are victimized long after they are released from whatever situation prompted their unwilling flight.

Trafficking Defined

Human trafficking is defined as a form of slavery in which people “profit from the exploitation and control of others.” Most people think of sexual slavery, but trafficking victims are made to labor in many industries against their will. Some people conflate trafficking with people smuggling, but smuggling people is consensual, while human trafficking is not. Trafficking victims are essentially objects to the trafficker, devoid of autonomy.

The International Labor Organization (ILO) estimates that approximately 21 million people are victims of human trafficking each year, and over half of whom are female. Most of them come from poor, urban areas in Asia and Eastern Europe, such as Cambodia and Poland. The United States is a destination and transit country for victims, meaning that they are brought here to be exploited.

U.S. law puts trafficking victims into three categories: (1) children under 18 coerced into the sex industry, (2) adults induced into the sex industry by fraud or coercion, and (3) children and adults induced to provide other labor services by fraud or coercion. While there is no distinction between these categories in terms of immigration, it does influence how and when victims may be entitled to compensation.

T Visas: Escape

There is help for victims of trafficking, however, if they know where to look. The United States passed the Victims of Trafficking and Violence Protection Act in 2000, which created the T and U visas. T visas are designed to help human trafficking victims remain in the United States to assist law enforcement in the apprehension of traffickers. While a T visa is not an immigrant visa, it is enough, in many instances, to allow a victim to extricate themselves from their controller, and get his or her life back on track.

An individual is eligible for a T visa if he or she:

Continue Reading ››

Latest Illinois Drunk Driving Statistics Released

 Posted on February 23, 2015 in Personal Injury

Despite a decrease in fatalities, drunk driving is still a serious problem in Illinois. However, there has been a distinct effort to crack down on drunk driving by law enforcement in hopes of decreasing the number of car accidents. Various non-profit groups in Illinois have released their most recent data on the state of driving under the influence in the state. Cyber Drive Illinois released its facts from 2013, and showed that 317 out of 991 total fatal crashes were alcohol-related. One statistic, illustrating the increased crackdown on drunk driving, is that 93 percent of drivers arrested for a DUI lost their driving privileges. Furthermore, 86 percent of all drivers arrested for DUIs were first-time offenders. The Alliance Against Intoxicated Motorists also released its most recent data from 2013. It found that 35 percent of accidents involving a drunk driver resulted in a fatality. The top 10 counties in Illinois for driving under the influence arrests are as follows:

1. Lake County;

   Continue Reading ››

Underage Drinking and Parental Liability

 Posted on February 20, 2015 in Family Law

Parents have a defined duty to care for and provide their children with food, clothing, education, and a hospitable environment to live. A parent must also protect his or her children from harm by teaching them about the importance of following laws and regulations that are created for the purpose of child protection.

One of the laws that seems to be most flouted by minors is the National Minimum Drinking Age Act which, in 1984, set the minimum drinking age at a person’s 21st birthday. This is a federal law which states comply with and make it illegal to allow persons under 21 the ability to purchase and consume alcoholic beverages (except in the cases of religious observance).

Underage Drinking Statistics

In 2013, it was estimated that nine million minors, between the ages of 12 and 20, reported to have consumed alcohol in a 30-day period. According to the National Survey on Drug Use and Health, the percentage of alcohol consumption increases with age, finding that between the ages of 12 and 16, the percentage of alcohol consumption increased by 18 percent. Between 16 years old and 20 years old, the percentage of alcohol consumption increased by 52 percent.

Continue Reading ››

Ridesharing: Illinois' New Uber Law

 Posted on February 18, 2015 in Personal Injury

Warning: stripos(): Offset not contained in string in /home/ocvaws/public_html/system-joomla-shared-core/components/com_easyblog/easyblog.php on line 6

Continue Reading ››

Détente in Our Time: The Thaw in Cuban and U.S. Relations

 Posted on February 17, 2015 in Immigration

In recent months, a remarkable phenomenon has been taking shape. For the first time since 1961, there will soon be a United States diplomatic mission in Cuba, and a thawing of relations between the two countries. President Obama has sought to normalize diplomatic relations in the hope of accomplishing several domestic goals. While many are excited about this turn of events, it has many Cubans and those of Cuban descent worried: what will change, if anything, regarding immigration? Will cases in progress be halted or changed, with requirements for visas likely changing?

The Cuban Adjustment Act

Unlike most people who attempt to enter the United States, Cubans have been the beneficiaries of some specific legislation due to the situation in their home country. The Cuban Adjustment Act (CAA) is the most well-known, enacted in 1966 to ensure Cubans fleeing the Castro government had a safe haven.

The CAA states that any Cuban national or citizen who enters the U.S. (1) with inspection, (2) is physically present in the U.S. for more than one year, and (3) is otherwise admissible to the United States (that is, not having a criminal record or any other factor rendering one inadmissible) falls under the act. The CAA permits Cubans to apply for permanent residence after having been present in the country for one year, unlike other nationalities that must wait for processing—often a decade or more. The rules against being a public charge and entering at an official port of entry also do not apply to Cubans.

There is also what is referred to as the “Cuban lottery,” or Special Cuban Migration Program (SCMP). The Cuban lottery is available to all adults between the ages of 18 and 55 who live in Cuba, irrespective of their eligibility for other immigration options. The last registration period was in 1998, however, with no plans currently to hold another one.

The Reality on the Ground

Despite such marked upheaval likely to occur soon, if someone is already in the process of obtaining their visa or a grant of asylum, nothing is likely to change for them. Even people who have not yet begun the visa process may still be able to immigrate under the CAA and other assorted legislative acts meant to benefit Cubans. Congress is “not likely to alter” the CAA without serious concessions made by the Castro government in the name of transparency and human rights.

However, there is one wrinkle that might prove problematic for Cubans attempting entry into the U.S.: Section 235 of the Immigration & Nationality Act (8 USC §1225) lays out the requirements for expedited removal of those who do not have valid papers, but §235(b)(1)(F) expressly excludes nationals of “countries in the Western Hemisphere with whom the United States has no diplomatic relations.” The only country that fits that description currently is Cuba. In other words, though the CAA may remain in effect, it would no longer be possible for Cubans to simply show up at American ports of entry without documentation and not face expedited removal. They would have to enter with a valid visa and overstay in order to qualify under the CAA.

An Immigration Attorney Can Help You

Even if the opening of Cuba may be exciting for many, it can still cause issues and problems for others. If you or a loved one may have your circumstances change as a result of re-established diplomatic relations, you may need professional assistance. The Chicagoland immigration attorneys at Mevorah & Giglio Law Offices are experienced in the field, and happy to work with you. We work hard and keep our clients in the loop every step of the way. Contact us today to discuss your options.

Continue Reading ››

Accident on I-57 Causes Chemical Spill that Threatens Hundreds

 Posted on February 16, 2015 in Personal Injury

An overturned tractor trailer shut down I-57 near Champaign recently after it spilled hazardous chemicals. A tractor trailer carrying the chemical Dimethylaminopropylamine—a flammable chemical used in cleaners and shampoo—jackknifed in the snowy conditions on Interstate-57. The driver was cited for driving too fast when changing lanes. When the truck jackknifed the tanker became unattached and slid into the center median of the highway. The resulting spill caused dangerous vapors to enter the air. Once the spill was contained, more than 100 homes were evacuated in the nearby area as the wind carried the dangerous vapors. Transporting Hazardous Materials Because of the risks involved in transporting hazardous materials, companies and transportation providers must meet higher insurance, safety, and licensing requirements as the state and federal level. The Hazardous Materials Transportation Act is the federal law that governs the transportation of hazardous materials. Big rigs that carry hazardous materials are required to carry $5 million in insurance coverage—a far cry from the $750,000 retirement for regular trucks. Illinois incorporates by reference most of the federal requirements for hazardous materials transportation, with the exception of fuel tank packaging. Truck accidents involving dangerous materials exacerbate the dangers normally associated with these types of crashes. Not only are fellow drivers, pedestrians, and communities at risk of the typical accident-related injuries and property damage, but even more catastrophic injuries caused by exposure to toxic substances, fire, and burns may result. Trucking accidents involving hazardous materials can be caused by the usual suspects:

• Truck drivers going too fast;

Continue Reading ››

The Newest Factors that Can Affect Child Custody in Court

 Posted on February 13, 2015 in Family Law

Legal and physical child custody generally hinges on the decisions of a court. A court will listen to both parents and the relationship that each has with his or her child in question, and will additionally balance a variety of family factors to determine what is in the best interest of the child.

The Best Interest of the Child in Illinois

The following are several factors that a court will weigh and assess in determining what type of custody arrangement is in the best interest of a child:

• The ideal arrangement for each parent;
• The ideal arrangement based on a child’s wishes;
• The relationship and interaction between and among a child, his/her siblings, each individual parent, and any other relative who interacts with the child;

Continue Reading ››

Being Injured in a Car Accident Can Raise Insurance Premiums

 Posted on February 11, 2015 in Personal Injury

Warning: stripos(): Offset not contained in string in /home/ocvaws/public_html/system-joomla-shared-core/components/com_easyblog/easyblog.php on line 6

Continue Reading ››

Section 204(L): The Surviving Relatives’ Law

 Posted on February 10, 2015 in Immigration

Before 2009, it had been the stated policy of the United States Citizenship & Immigration Services (USCIS, formerly INS) that if a petitioner died while his or her family member’s petition was still in process, that family member had to begin the process again, going back to their country and waiting even longer than he or she already had to immigrate. A change to the Immigration & Nationality Act (INA) made that no longer the case, and yet so many people still misinterpret and wrongly state the law.

Section 204(l)

Section 204(l) was added to the INA officially in 2010, with the express purpose of making it easier for those already in the process to continue. Previous controlling immigration decisions had simply chalked up anyone who had to start over as a casualty of time. Section L states that certain immigrants with a “qualifying relative” who passed away before the alien’s priority date may have their petition approved, providing they meet certain criteria. The criteria are:

Continue Reading ››

Vehicle Fatalities Dropped in Illinois in 2014

 Posted on February 09, 2015 in Personal Injury

Warning: stripos(): Offset not contained in string in /home/ocvaws/public_html/system-joomla-shared-core/components/com_easyblog/easyblog.php on line 6

Continue Reading ››