Posted on December 22, 2016 in Immigration

The United States has held that if a person is born within the jurisdiction of the country (on its soil, or on its bases or possessions abroad), then he or she has citizenship as a result. This is known as birthright citizenship, and for many years it was considered standard practice, without controversy. However, given the policy positions articulated by Donald Trump during his 2016 presidential campaign, the issue has become somewhat of a hot topic again, as it was in the past. In the current time, it is simply a good idea to understand which rights come with birthright citizenship, and which rights one might stand to lose if it is eliminated.

History of Birthright Citizenship

Many countries worldwide confer birthright citizenship, but not all. The United States established the practice with the passage of the 14th Amendment in 1868, though it has its roots in English common law, which is the cornerstone of U.S. jurisprudence. The amendment did not initially apply to Native Americans, who did not receive official birthright citizenship until 1924, though many were already citizens.

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 Posted on December 21, 2016 in Family Law

Divorce is certainly an emotionally difficult process, and divorcees should do all that they can to ensure they have adequate support throughout the process. Yet the recovery from this aspect of divorce is often less difficult than the financial recovery. In fact, one study suggests it could take 5 years or longer for some to fully recover from the financial repercussions of divorce. Thankfully, it is possible to mitigate this risk. The following information explains further.

Choose Your Assets with Care

All too often, divorcees let emotion override reason, and that can place one or both parties at serious financial risk in the years to come. This is particularly true when it comes to choosing assets - namely assets that carry both emotional ties and significant financial implications, such as the family home. Avoid making this common mistake by critically assessing your situation. If you take the house, can you truly afford the payments, taxes, and upkeep? Or would you be better served by selling the asset and then taking a monetary settlement?

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 Posted on December 15, 2016 in Immigration

When someone applies for a U.S. visa, his or her ability to obtain it is not guaranteed. The individual may be denied because he or she is what U.S. law refers to as inadmissible. In other words, the person has a reason, or multiple reasons, that the issuing authority believes he or she will either overstay the visa, or use his or her time in the U.S. to act in ways that are illegal or unethical. However, sometimes a denial can adversely affect someone’s life or livelihood, and someone must work to get around a finding of inadmissibility. There are a few ways this can be achieved.

Waivers and Exceptions

The Immigration and Nationality Act (INA) lists several grounds on which someone may be declared inadmissible. Some include carrying communicable diseases, having committed a crime of moral turpitude or an immigration violation (the two are not necessarily identical, but they are not mutually exclusive), and the potential to become dependent on government assistance. However, it is possible to apply for a waiver for many of these grounds, though there is no guarantee the waver will be granted. People who have committed more severe crimes such as aggravated felonies or terrorism are generally ruled inadmissible, but under a permanent bar, with no possibility of waiver.

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 Posted on December 15, 2016 in Personal Injury

The holiday season is in full swing and the New Year is almost upon us. While invitations for get-togethers and celebrations are flowing, soon will be the drinks. From eggnog to top shelf spirits, enjoying alcohol responsibly is important for your safety and for those around you. The National Highway Traffic Safety Administration estimates that 47 percent of Illinois motor vehicle fatalities involve alcohol.

Even though it is easier than ever to hire a designated driver, rideshare, or taxi cab, people still decide to get behind the wheel after they have been drinking. This puts their lives, as well as innocent people around them, at risk of injury or death.

If you or a loved one has been involved in an accident where drunk driving is suspected on the part of the other driver, retaining the services of an experienced personal injury attorney is advisable. A legal team can support you, and has the resources and tools to investigate fully and seek the best result for you. If you received serious injuries, medical care can be costly and lengthy and the mental anguish can linger for years to come.

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 Posted on December 14, 2016 in Family Law

Not all divorces include alimony (also known as spousal support), but some do. Unfortunately, not every divorcee is prepared for the tax implications of such a provision, and they may be ill-advised by unreliable sources. If you are filing for divorce expect to pay or receive alimony, the following can help you better understand your potential tax obligations. It also provides some key information on how to ensure your best interests are preserved during a divorce with a possible alimony award.

Tax Deductions and Paid Alimony

When the courts award alimony, the paying spouse is often allowed to claim these payments on their taxes. There are some stipulations, however. The Internal Revenue states that you must be able to provide a divorce or separation instrument that states the amount you are ordered to pay. This can come in the form of an official divorce decree or separate maintenance, a written separation agreement, or any other form of decree stating that alimony has been awarded. It is also important to note that the document does not have to be considered valid to claim spousal support on your taxes, but it may be considered void if a court has deemed it invalid. Further, you do not have to itemize your deductions to claim a deduction for alimony paid.

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 Posted on December 08, 2016 in Immigration

On July 29, 2016, Governor Rauner signed SB 2228, which changes the sentence for possession of small amounts of marijuana from jail time to a fine, usually between $100-$200. The change will reduce the amount of taxpayer dollars spent on incarcerating prisoners, as well as the strain on the court system. However, since the offenses in question were formerly criminal in nature, there is no law on the books that addresses them now that they are civil. To work around this problem until legislation can be passed, the Illinois Supreme Court has issued several new procedural rules to use in the interim.

The decision to decriminalize possession of less than 10 grams of marijuana was implemented officially on September 1, and will have positive effects on the state’s budget if the financial impact analysis performed by the Illinois Sentencing Policy Advisory Council (ISPAC) holds up. In order to help the adjustments to the law be processed smoothly by both state employees and offenders, though, regulations have been propagated by the Supreme Court to ensure that the process is respected.

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 Posted on December 08, 2016 in Personal Injury

Following an accident, it is important to be aware of the symptoms of car crash injuries. While injuries may be immediately apparent in the case of broken bones or cuts, other injuries do not become apparent until well after an accident. Also, not all injuries from an accident are physical. Injuries can be mental or emotional as well.

According to the National Highway Traffic Safety Administration, the number of car crash injuries has remained more or less the same despite the number of car crash fatalities decreasing over the years. In fact, the Center for Disease Control notes that Americans spend one million days in the hospital each year for injuries related to automotive accidents.

In the days and weeks following an auto accident, it is important to take careful note of how you are feeling. Writing down this information is a good idea, as is going to a doctor since increasing pain often does not resolve itself on its own.

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 Posted on December 01, 2016 in Personal Injury

As the weather turns colder, drivers gear up for winter weather driving. They are winterizing their cars, changing out their tires, and preparing emergency packs to go into the backs of their vehicles. Some may even be tuning into the weather station each night, just to be sure they are safe to drive the next day. Yet, not all will know what to do if a crash occurs. The following information can give you a better understanding of the most common types of winter crashes, and it can give you an idea on how to deal with them, should one happen to you or someone you love.

Vehicle Damage from Hail or Falling Debris

When roads are closed, most drivers will stay home (rightly so since you could be held liable for ignoring closures). Unfortunately, keeping your car in the driveway does not necessarily prevent damage to your vehicle. Hail and falling trees, power lines, and large branches can do some extensive damage. If you have comprehensive insurance, it should cover your loss. If you do not have this form of insurance, you should seriously consider adding it.

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 Posted on December 01, 2016 in Immigration

It is an extremely common misconception that as soon as someone spends one minute in the United States without status, he or she immediately becomes a criminal. This is simply not the case under immigration law. However, entering the country without inspection is a different matter—one is a crime, and one is not. There is a difference between civil and criminal law. While many civil offenses may still render you deportable, it is not guaranteed, especially if you have done nothing unlawful before or since.

Unlawful Entry

Unlawful entry into the United States, also known as entry without inspection, is a crime. It is a misdemeanor under U.S. criminal law—not immigration law—to enter the country without inspection by immigration officers (for example, by running across the border, or hiding in the trunk of someone’s car), or to lie or otherwise falsify information during an inspection. The first unlawful entry is punishable by either a fine, which is still classified as a criminal penalty, or by up to six months of imprisonment. The second increases the imprisonment period to two years.

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 Posted on November 28, 2016 in Family Law

Over the last several years, divorce has gone from a stigmatized and rare situation to a fairly common one. Some might view this as a negative, but there are potential benefits. For example, more divorce means psychologists and doctors now better understand how divorce affects those involved. This includes children, who often struggle to cope. In the same vein, the American Academy of Pediatrics suggests that pediatricians could provide support to families going through divorce. The following explains further, and provides some additional information on where parents can turn for help.

Understanding Children of Divorce

Every child is unique. Every family is unique. So it only makes sense that each child will respond differently to divorce. However, there are some common behaviors that may present in children at a particular age and stage of development. Pediatricians have an in-depth understanding of these various stages, and they typically have a history with their patients. This gives them a lot of insight and knowledge when it comes to knowing how to advise parents on how their child may cope with the divorce.

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