Posted on December 26, 2018 in Immigration

Temporary Protected Status (TPS) is a U.S. immigration status granted to nationals of certain countries whose conditions are such where it would be unsafe for them to return home, usually because of either armed conflict or natural disasters. The current federal administration has sought to end the benefit for many countries, but on October 4, 2018, the Northern District of California barred the administration from doing so for nationals of El Salvador, Haiti, Nicaragua, and Sudan. This changes matters for immigrants from those countries, at least for now.

What Is TPS?

TPS is an immigration benefit first instituted as part of the Immigration Act of 1990. In that piece of legislation, the Attorney General originally, and now the Secretary of Homeland Security, may designate a specific country whose nationals may remain in the U.S. for the term of the benefit since sending them home would be unsafe. Once granted TPS, a person may stay in the U.S. until the benefit is canceled. They can also seek employment authorization, and in some cases, travel authorization with permission to return.

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 Posted on December 24, 2018 in Personal Injury

As winter approaches, and the precipitation changes from liquid to frozen with the dropping temperatures, the risk of falling and sustaining an injury greatly increases. The seasonal dangers caused by the presence of ice and snow are well known to those who live in northern climates, but this fact does not mean all snow and ice-related injuries are mere accidents with no responsible party to place blame. The injuries resulting from these falls can be significant, some requiring surgery, and a personal injury attorney should be contacted if a fall that requires medical treatment occurs. Property owners do have an obligation to keep the premises safe for others, but the law on recovery for injuries related to snow and ice falls in Illinois is complex, and blocks many cases from proceeding.

An example of how serious these falls can be is illustrated in the case of a Greenwich, Connecticut, woman who sustained permanent injuries, including memory loss and a concussion, after falling on snow and ice in the town square. This type of dangerous accumulation is seen in numerous places over the course of a winter season, and understanding what property owners are generally obligated to do to protect third parties on the premises, as well as how courts view liability for falls from snow and ice, is essential information for slip and fall victims.

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 Posted on December 21, 2018 in Family Law

If you are currently married but are not happy and wish to end the relationship, there are a few different options. Two of the most common options are legal separation and divorce. Divorce is well-known and very common, ending in the dissolution of the marriage. It also allows a couple to separate and divide up property and assets. Child custody and maintenance may also be worked out in a divorce.

Legal separation is not as well-known. If a couple legally separates, they do not dissolve the marriage, but instead will have a separation agreement. Many of the same issues are addressed, such as child visitation, custody, alimony, or maintenance. However, it does not divide up properties and assets unless both people agree to it ahead of time. Neither spouse is allowed to remarry because the marriage has never been formally dissolved. There are differences in how finances are handled in each option so it is important to evaluate all your options before making a firm decision.

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 Posted on December 19, 2018 in Immigration

People who enter the United States without inspection (EWI, which stands for Entry Without Inspection; also called undocumented) generally exist in a precarious state while in the country. Without documents that show legal presence, a person generally cannot work except at menial tasks and is not entitled to any federal benefits. However, for some, it is possible to adjust their status while still within the United States - to do so, a person must obtain what is called a provisional unlawful presence waiver. It is still possible to do this nowadays, though the process is not easy.

Entering EWI Makes You Removable

Since entering the U.S. without inspection is a direct violation of the Immigration & Nationality Act (INA), a person who does this is immediately removable from the country if found by Immigration & Customs Enforcement (ICE). This is a simple process, often resulting in expedited removal if someone is found within 100 miles of the U.S. border, which means that they do not even get to see a judge. Even if someone does get to appear before an immigration judge, they will usually simply be informed of the penalties for entering without inspection unless the person can make an asylum claim, citing credible fear of being returned to their home country.

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 Posted on December 17, 2018 in Personal Injury

Car accidents are traumatic events that can shake even the most stoic individual in the right circumstances. The violence of the impact, the shock of hitting a solid object, and the injuries that follow in many collisions, can greatly upend the accident victims’ lives and those of their families.

Serious injury can turn to tragedy when a car accident victim does not survive, and the loved ones are left to pick up the pieces as well as they can. Such a loss can be almost impossible to bear, and looking to hold someone accountable for this preventable death is a common sentiment. Assuming the other driver is equally or more at fault, the family may be able to recover monetary compensation under a wrongful death claim. Essentially, these lawsuits allow the family to stand in the place of the deceased in situations where the negligent or wrongful acts of another party caused the death. Wrongful death brings in additional elements that are not necessary for ordinary negligence cases, and a discussion of rules that govern how these cases proceed and the types of damages survivors may recover will follow below.

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 Posted on December 14, 2018 in Family Law

Going through a divorce can be a complicated process. Working out maintenance and child visitation, how to divide a business, debt, etc. can all add to the stress of your divorce. If a couple’s finances are particularly complex, it may require a forensic accountant. A forensic accountant for a divorce is someone who details all the debts, assets, and other financial aspects in the divorce and presents that information in a courtroom. Divorce attorneys can help with general financial aspects of a divorce, but for more complex matters it may be necessary to work with a forensic accountant to ensure the finances are taken care of properly.

How Can Forensic Accounting Help Me?

Forensic accountants are most often used in high net worth divorce cases but can be used by anybody if they are needed. Some of the ways a forensic accountant can help your divorce case by searching to see if there are hidden assets, evaluating the long-term impact of the divorce on finances, or determining the value of assets and evaluating expenses. To do so they will examine any deeds, stocks, investments, bank statements, etc. and compile everything together.

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 Posted on December 12, 2018 in Immigration

The Trump administration is debating whether or not to “ban entry of migrants” at the U.S.’s southern border, in a manner similar to the “travel ban” enacted in January 2017. This is in reaction to the so-called “migrant caravan” currently making its way through Mexico - similar groups have tried and succeeded to reach the U.S. border, with a more organized group making it to Tijuana in April 2018. What the administration does not appear to understand - or care about - is that asylum is an ancient right enshrined not only in U.S. law, but in international law, and to flout it may bring serious issues to their doorstep. For immigrants and asylees here, it may throw their futures into sharp uncertainty.

Seeking Asylum Is Not Illegal

Despite the fondest wishes of the current president, seeking asylum is not illegal; quite the contrary. The right to seek freedom from persecution is a right that dates back to the Biblical era, though it most commonly is brought up in discussing the policies of the medieval Catholic Church. Even murderers were permitted to seek sanctuary in certain church properties in the United Kingdom, though the system was eventually abolished in the country (along with the Catholic Church) in the 17th century.

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 Posted on December 10, 2018 in Personal Injury

For thousands of years, the only way to move around was by foot or through animal power. Now, with a few presses on a smartphone using a rideshare app, an individual can call a driver to take him/her anywhere. This convenience has revolutionized the way many people conduct their lives, but cannot remove the inherent risk that comes with traveling in a vehicle on a roadway, nor the risk of being in a car accident.

Driving is not an easy task and requires practice, skill, and awareness to avoid making bad decisions that can lead to collisions. Common sense would dictate that if a rideshare driver was at fault for an injury, the injured rider and other crash victims would seek compensation from rideshare company, as the entity who represented the driver was safe to transport passengers.

However, because of the way rideshare companies are structured, answering the question of who is legally responsible is difficult. Given the widespread use of rideshare drivers, understanding one’s legal rights in a car accident for recovery is vital, and an overview of how Illinois handles this issue will follow below.

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 Posted on December 07, 2018 in Family Law

If you are going through a divorce, your time in the courtroom is crucial in setting the tone of your case. Making a mistake in the courtroom can negatively affect your divorce and lead to a less advantageous settlement for you. Taking time to prepare before you are actually present in the courtroom will make it much less likely you make a mistake, so do your research before your time in court. These tips will help you make fewer mistakes and ensure your courtroom time goes smoothly.

Emotions and Body Language

While you are present in the courtroom, your actions will be noted. Rolling your eyes, laughing, angry outbursts, etc. will all influence the court’s perception of you and seem disrespectful. Even if you are not saying anything, body language is a good indicator of how you are feeling. If you let your body language show your emotions, even if you are extremely emotional, it will show the court that you cannot keep yourself in check, which will not be beneficial to your case.

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 Posted on December 05, 2018 in Immigration

If you are an immigrant in the United States, even if you have legal status, you must be especially careful never to be associated with crime or even the smallest mistake may be enough to render you deportable. As such, if you find yourself in criminal court or charged with an offense, it is critical to find an attorney to represent you who understands both criminal law and immigration. If your attorney is not well versed in how the two interplay, you may find yourself plea-bargained into a sentence that will render you deportable even though that may be exactly what you seek to avoid.

Crimes of Moral Turpitude and Aggravated Felonies

U.S. immigration law distinguishes two types of criminal convictions as being relevant for immigration purposes. Crimes of moral turpitude (CIMTs) are offenses that are perceived to have an element of fraud or dishonesty, such as theft, but violent crimes like murder will also count because they are so far outside the realm of ‘acceptable’ moral conduct. It can be difficult to assess whether your offense is a CIMT, however, because the term is not explicitly defined. It has been clarified through past cases, but there is a healthy amount of debate over whether many crimes do in fact count as CIMTs.

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