Posted on December 05, 2014 in Immigration

In late November, President Barack Obama announced the enacting of a sweeping initiative on the subject of immigration. This had been in the works since mid-summer, when immigration reform came to the forefront of the nation’s political discussions after a large influx of unaccompanied minor children from Central America were admitted at the country’s southern border. Congress was unable to pass a bill in the months following, and given the current mood of the electorate, President Obama has seen fit to announce his plan, to be enacted via executive order.

Three Main Goals

In his primetime speech to the country delivered on November 20, the president stated that his plan has three major goals that he hopes to accomplish. The first is improving border security. The situation at our borders, especially in the south, is difficult for both Border Patrol agents and those attempting to enter. Drug-related violence in particular is endemic, with the U.S. side experiencing what the Washington Office on Latin America calls “some of the world’s highest levels of violent crime.”

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 Posted on December 02, 2014 in Family Law

Child support is extremely important after the split of a couple. Generally, child support is either outlined within an agreed-upon divorce settlement decree between the couple, or it is ordered by the court based upon certain factors such as income and the extent of custodial responsibility between the parents.

Too often, however, some parents may evade their responsibilities to their children and voluntarily choose to not pay the required child support amount. In this situation, Illinois allows for wage garnishment, a process by which the parent’s wages are reduced by a certain amount until his or her dues are paid.

Income Withholding for Support Act

Illinois has set in place the Income Withholding for Support Act with the purpose of ensuring that child support and the needs of the child outlined by court orders and divorce decrees are honored. While skipping town may be one “sleuthy” way in which a parent may avoid the periodic payments, if the court can find where he or she works, then the court may take out the child support payments from his or her salary or bank account. This is known as wage garnishment.

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 Posted on December 01, 2014 in Personal Injury

Technology is changing at such a rapid pace that it may seem as though advancements are made every day. The convenience of cell phones, computers, and GPS devices are just a few examples of ordinary items that were once figments of peoples' imaginations a handful of decades ago. And when put into perspective, it is interesting to think what developments are being made today that we, as a society, will incorporate into our lives 20 or 40 years from now.

One such advancement, not yet widely used, is the autonomous car. As a recently published article notes, there are many advantages to employing the use of such technology. This technology may raise questions, however, about liability in the event of an accident.

Advantages of Self-Driving Vehicles

Robert William Kingett, author of the above-referenced article, points out the many benefits to using an autonomous vehicle, both on the individual level and for the public at large. Not only does an autonomous vehicle provide another option for transportation, it could also specifically cater to those with a disability or other health issue.

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 Posted on November 26, 2014 in Immigration

Being detained by Immigration and Customs Enforcement (ICE), or another law enforcement agency, can be one of the most terrifying experiences during a person’s life. An individual may feel powerless and frightened, and it is made worse by the fact that many times, for reasons of bureaucratic short-staffing, neglect, or simple xenophobia, detainees are not advised properly of their rights.

If you are detained, it is is absolutely imperative that you know your rights, especially if you have family who may soon be in the same position.

Arrested by ICE

If you are arrested or detained by immigration personnel, your rights are fairly clear-cut, based on statutory law and case precedent. The most important factors to remember are to not discuss your immigration status without an attorney present, and to not sign anything offered unless an attorney is present. While the majority of immigration officers are honorable, there are some who value expediency more than protocol, and it is not unheard of to force detainees to sign papers that concede their removability before they are even able to see a judge.

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 Posted on November 24, 2014 in Personal Injury

Traveling by any means of transportation includes safety risks, but some modes are more dangerous than others. Transportation by foot, motorcycle, or bicycle carries its own set of specific risks, especially when compared to traveling by or among vehicles. Riders and walkers who find themselves in an accident with a car are often met with devastating results. These statistics are likely especially apparent in larger cities where alternative means of transportation are more common, and there are more people traveling on the streets. According to a news article recently published, Chicago is evidently no exception. The state of Illinois as a whole ranks among the top states for bicycle deaths in the United States.

Bicycle Fatalities

In a report released October 27, 2014, the Governors Highway Safety Administration revealed that Illinois is among the top states for bicycle deaths. The finding was part of the Administration's Spotlight on Highway Safety Bicyclist Safety report and had Illinois ranked fifth in the nation for highest number of cyclist fatalities. Further, the report found that the total number of bicycle deaths is on the rise, with the numbers increasing by about 16 percent between the year 2010 and 2012. The most recent data was compiled using numbers from 2012. Between 2010 and 2012, the state of Illinois reported a total of 80 bicycle-related deaths. In the year 2010, 24 fatalities were reported, 27 were reported in 2011, and 2012 saw 29 such tragedies. The data was based on the Fatality Analysis Reporting System and the numbers were then reported by the Insurance Institute for Highway Safety.

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 Posted on November 24, 2014 in Family Law

With the status quo of “traditional” families being amended to include the increasingly more common combinations of families that are now present in American society, certain laws in Illinois are still championing the role of the “traditional” family. One of the most recent laws, which affects the rights of married and unmarried fathers and their relationships with their biological children, creates a double standard that espouses the married, but divorced father, over the rights of the unmarried, biological father.

Recent Case Designating the Double Standard

In a recent case, the Illinois Supreme Court reviewed the standard and burden of proof that would be applied to the biological father regarding his visitation rights with his biological child. In this case, a woman, who was married, had a one-night stand with another man. As a result, she became pregnant and gave birth to a child. The law creates a rebuttable presumption that any child that is begot from a marriage is the child of the husband. In this case, the husband, who was not the biological father, was presumed to be the biological father of the child and paternity was designated to him. The man from the affair, after seeing photos of the child posted onto a social media site, noted similarities between him and the child, and paternity was established between him and the child. The husband, who had been presumed to be the father of the child, later divorced the woman.

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 Posted on November 19, 2014 in Immigration

When a U.S. citizen or Lawful Permanent Resident (LPR, or green card holder) wants to bring a family member to live with him or her, there are pitfalls and paperwork that may lie ahead. Certain common problems can occur between application and receiving one’s green card. Therefore, it is important to be prepared and informed.

The Death of a Sponsor

One of the most difficult and frightening situations that a potential immigrant can face is when his or her sponsor—the U.S. citizen or LPR vouching for the individual to be able to enter the U.S.—passes away before the petition is approved. Formerly, if this occurred, it meant that the petition was, for all intents and purposes, dead. However, after some reform, there are options to save time and effort.

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 Posted on November 19, 2014 in Personal Injury

While severe weather can happen in varying degrees at any time of the year, the fall and winter months can prove particularly treacherous for drivers. Various conditions, including heavy rain, strong wind, snow, sleet, or ice can be present on the roadways and can make driving dangerous for those traveling. When weather is severe enough, or can be predicted far enough in advance, many individuals will choose to forgo their travel plans in favor of staying safe at home. However, drivers do not always have this luxury. Sometimes, traveling is a necessity. Other times, severe weather may hit without warning and drivers can be caught in the middle of a storm through no fault of their own. These dangerous conditions can quickly lead to a car accident, capable of causing injury, damage, and other tragic consequences.

Safety Tips

A news article recently published online by a local news outlet promoted safety tips for driving in severe weather, presumably in an effort to reduce the number of car accidents that occur due to weather-related factors. As stated in the article, it is important for drivers to realize that weather conditions can dramatically change rather quickly, leaving drivers to navigate the roadways in dangerous circumstances. However, the good news is that drivers can regain some control over being caught in inclement weather by acting in advance to know safety procedures and proper precautions to follow if such a scenario does present itself.

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 Posted on November 17, 2014 in Family Law

A recent bill signed into law in Illinois will have a tremendous impact on custody and visitation rights. The law amends the Illinois Marriage and Dissolution of Marriage Act by determining that when one of the parties who has custody or visitation rights with the child(ren) must leave the child for a significant period of time with a third party (for example, nanny, family member, or current spouse), then he or she must offer a right of first refusal to the other custodial parent to take care of the child.

Purpose of the “Right of First Refusal” law

The presumption put forward by the court is that it is advantageous and in the best interests of the child to let the child have significant time with both parents. Most divorce decrees keep this presumption in mind and the courts tend to lean on the favor of joint custody arrangements so that the child may spend significant time with both parents.

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 Posted on November 17, 2014 in Personal Injury

When traveling on roadways in any part of the country there is always a risk of being involved in a car accident. However, it can also be said that certain behaviors and conditions can significantly increase a driver's risk of being involved in a collision, while still others can reduce such a risk. Many agencies and organizations focus on traffic safety and promote safe driving. According to a recently published news article, a transportation advocacy group in the state of Illinois ranked the most dangerous intersections in the Chicago area.

Dangerous Intersections

The Active Transportation Alliance made a list of the 20 most dangerous intersections in the Chicago metro area recently. The group promotes bicycling as well as other modes of alternative transportation in the Chicago area. In order to rank the intersections included in the list, the Alliance analyzed crash data, staff feedback, and public input in order to come up with the results.

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