Posted on May 26, 2014 in Immigration

Illinois is one of the most socially progressive states in America, making it a desirable place to live for immigrants and non-immigrants alike. Illinois is in the front of the pack among the states when it comes to three of the biggest social issues of the day – same-sex marriage, marijuana, and immigration. Ours was within the first 20 states to legalize medical marijuana and gay marriage, and among only 10 states so far to allow undocumented immigrants to get a driver’s license. All three laws were passed last year, positioning Illinois as one of the leaders in granting civil liberties to its citizens.

Reasons Behind Issuing Driver’s Licenses to Undocumented Immigrants

The state’s reasons for issuing driver’s licenses to undocumented immigrants are the same as the reasons behind legalizing same-sex marriage and medical marijuana – it is both practical and the right thing to do. Supporters of same-sex marriage, and of greater immigration rights, argue that it is just to treat all people who reside in our country the same – granting everyone equal rights. Not everyone agrees, but regardless of your interpretation of individual rights under the U.S. Constitution, it is difficult to argue with the reality that undocumented immigrants are going to drive.

In fact, some estimate that in Illinois – the fifth most populated state – over 250,000 drivers are undocumented. Inevitably, these drivers get involved in accidents from time to time. The Illinois Highway Safety Coalition reports that undocumented drivers cause $64 million in damage claims each year. So, one practical approach to this problem is accepting the reality, and requiring that undocumented drivers learn the rules of the road and get a license and insurance.

Getting Your Driver’s License

Undocumented drivers, or non-visa immigrants who wish to drive, can now apply for what is called a Temporary Visitor Driver’s License (TVDL). A Temporary Visitor Driver’s License is good for three years but may only be used for driving purposes – not as valid identification in other circumstances. Commercial driving licenses are not available – only class D, L, or M (car or motorcycle). Some of the requirements are listed below, but not all, so be sure to check with an official testing center, or call the state office at 855-236-1155.

The general Temporary Visitor Driver’s License requirements include:

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 Posted on May 26, 2014 in Family Law

Prenuptial Agreements

The ‘prenup’ is a legal document that has worked its way into the common terminology of the American household. Stories of millionaire-philanthropists marrying partners a fraction of their age usually garner the question, “did they sign a prenup?” As a result, prenuptial agreements are usually recognized as a tool for the rich to ensure that their husband or bride-to-be is genuinely interested in them as a human being, and not attempting to execute a convoluted plan to divest the wealthier partner of their holdings after a divorce.

This ideology, however, only addresses a singular aspect to a complex legal document. Therefore, it is important to discover the actual composition and implications of the well known prenuptial agreement.

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 Posted on May 22, 2014 in Personal Injury

A new law which was passed by the Illinois Legislature last session and took effect on January 1, 2014 may help ensure Illinois car accident victims receive quicker payment to help in their recovery.

The law, 735 ILCS 5/2-2301 "Settlement of Claims Payment," is intended to curb the need for attorneys to pile into court in order to enforce the terms of a settlement agreement, including those stemming from car accidents. Defendants in different cases, including serious injury and property damage are regulated by this new law. However, this law does not govern cases in which governmental entities and state employees are defendants.

The Specifics of the Law

Gone are the days when substandard insurance companies could agree to settle a claim only to drag their feet when it came to sending a release and remitting payment. This new rule forces defendants to adhere to strict deadlines as it pertains to submitting release agreements and settlement checks. This should eliminate the sometimes lengthy process of closing a file where one has sued a substandard insurance company. This new law will also likely prevent the tedious follow up phone calls and subsequent motions to enforce terms of a settlement agreement.

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 Posted on May 20, 2014 in Personal Injury

Accident cases can range from car crashes to motorcycle and ATV accidents, to crashes involving pedestrians. No matter the source of the accident, any legal action arising out of such incidents would fall under personal injury law in Illinois, which would govern any resulting lawsuit. In deciding whether to file suit after an accident, one of the primary considerations a potential plaintiff may have is what damages they may recover if their lawsuit is successful.

Damages in Personal Injury Cases

According to the personal injury law in Illinois, a person who is injured as the result of another's negligence can seek compensation for their injuries and for other damage the negligent act may have caused. A defendant could be held responsible for many different types of damages in amounts to be determined by a judge or the jury hearing the case. The purpose of awarding damages in personal injury cases is to put the plaintiff back in the position he or she was in prior to the accident.

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 Posted on May 20, 2014 in Immigration

While some immigrants to the United States wish to remain citizens of their home countries, many intend ultimately to become U.S. citizens. The process of becoming a U.S. citizen is called naturalization, and it is long and difficult. Because of this, it is important to know the steps you will have to go through before you can take the Oath of Allegiance, and to be able to fix any problems along the way.

Eligibility

The most important part is to know whether you are eligible to become a U.S. citizen, and if not, to possibly take steps to become eligible. In order to be eligible, you must:

• Be 18 years old or greater;

• Have been in the United States as a permanent resident for at least 5 years (or three if married to a United States citizen);

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 Posted on May 20, 2014 in Family Law

Parental Rights to a Child

A biological mother’s rights over her child automatically attach if she can prove she gave birth to the child. However, a father’s rights over his child can be much more complicated to determine. In an increasing number of cases, paternity must be established to ascertain a father’s rights to his child.

Paternity is a legal relationship that is created between a father and his child. In Illinois, if the mother was married when the child was conceived or born, her husband during that period of time is legally presumed to be the father of that child.

If the parents of the child were not married to each other when the child was conceived or born, the father is considered to be the "alleged father." Once designated the status of an “alleged father” it is his responsibility to seek legal paternity rights.

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 Posted on May 15, 2014 in Personal Injury

As temperatures continue to rise this spring, area residents and visitors will be finding ways to enjoy the warm weather. In Illinois, especially after the severe winter weather the area has experienced in early 2014, this undoubtedly includes motorcyclists hitting the road.

Because it is likely that more bikers are on the road in May than in previous months, this makes it likely that an increased number of motorcycle accidents will occur. And according to a recent news article, motorcycle safety should be a top concern for drivers this time of year.

Accidents

According to some troubling statistics from the Illinois Department of Transportation (IDOT), most fatal accidents involving motorcycles occur in the month of May. In fact, numbers from May in 2012 indicated that of the 148 crashes ending in fatalities, 78 percent involved a motorcycle. That ratio is spurring people into action in an attempt to bring some much-needed attention to a dangerous situation.

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 Posted on May 13, 2014 in Personal Injury

It is an unfortunate fact that many stories heard today involving texting and driving have tragic outcomes. In light of this, it is not surprising that several states, including Illinois, are enacting laws that ban such activity while driving as an attempt to crack down on car accidents that are the result of distracted driving.

In fact, a recent news story by NBC Chicago examined whether such laws are actually making a difference on Illinois roadways as there are countless drivers involved in texting and driving accidents. Sadly, their lives are forever shattered by the incidents. It is a stark reality that drivers who text not only put themselves at risk when choosing to do so, but put other drivers on the road at risk as well. The prevalence of these accidents is leading to legal changes in Illinois and throughout the country.

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 Posted on May 12, 2014 in Immigration

With same-sex marriage legalized in some states, but not others, confusion abounds relating to same-sex marriage in the immigration context. Seventeen states have legalized same-sex marriage, and Illinois is one of them. Where then does that leave Illinois same-sex couples in which one partner is not a U.S. citizen (“binational” couples)?

History

In even the very recent past, same-sex partners of U.S. citizens and permanent residents were confronted by the possibility of removal (deportation) because of the absence of legal marriage rights. This situation often had traumatic effects upon families, and was inconsistent with the principle of family unification that underpins U.S. immigration. While heterosexual U.S. citizens and permanent residents were able to sponsor their spouses for immigration purposes, LGBT U.S. citizens and permanent residents were not.

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 Posted on May 12, 2014 in Family Law

Child Abuse

Child abuse is a horrible crime that unfortunately affects many families throughout the United States. One of the biggest hurdles law enforcement faces is identifying the victims of the crime. One of the major goals of law enforcement is to prevent future abuse from taking place. Prevention requires education and advocacy. Many communities have come together to spread awareness and to educate the community on signs to look for to identify this often hidden crime. The month of April is designated Child Abuse Prevention Awareness Month.

In Illinois, the Illinois Department of Children and Family Services (DCFS) is the organization that deals directly with identifying child abuse in the home and works closely with social workers and law enforcement personnel to keep children that are abused safe from harm. Once child abuse is suspected or identified, DCFS moves in quickly to remove the child from the home and undergoes an investigation to determine the safest option for the child. This may mean placing the child in foster care or working directly with the families to prevent future abuse. There are also national organizations whose goal is to protect children. These organizations often have local chapters in each state to target smaller communities.

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