Posted on November 01, 2016 in Immigration

Many people speak casually of getting a “family-based green card” or a “family visa” to the United States. However, not everyone understands what that actually entails. In order to obtain lawful permanent resident status due to family ties, you cannot simply say you are related to a U.S. citizen and receive your visa; you must also meet several other requirements designed to show that you are not a danger and you can support yourself, or you have someone to support you. The process can become complex.

Who is Eligible?

Most people are aware that spouses, parents, and unmarried children of citizens are eligible (if all the other criteria are met) to receive family-based permanent resident status. However, there are actually several categories whose members may be eligible if a petition is completed. There is no distinction between any of these; if the person is not inadmissible, and he or she is able to show the correct affidavit of support and other documents, then he or she may receive permanent resident status as long as the petition is in order.

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 Posted on October 25, 2016 in Family Law

Not every couple who separates does so in the same way. Economic situations, family situations, and personal preferences all come into play. For those that maybe cannot financially afford to separate in the traditional way, have children and do not want to be away from them, or want to try and use separation to repair their marriage, an in-house separation might serve better than an out-of-house one. What is this type of separation, exactly, and how can you make it work? The following provides some tips.

What is an In-House Separation?

At its core, in-house separation is pretty much what it sounds like: a couple “separates” while still living in the same home. Some have one living in the bedroom and the other in the attic. Others simply section off a part of the house. The point is that you each have your own space that is separate from one another. Of course, because you are still in the same home, there are many ways for this type of separation to go awry. Further, it can be a little confusing to children, if you have them. As such, it is important to have some strategies for making it work.

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 Posted on October 24, 2016 in Immigration

When a person decides to become a naturalized U.S. citizen, he or she must meet a number of requirements in order to be considered. Two of these requirements are that the person must have maintained continuous residence in the United States for either three or 5 years (depending on the situation), and he or she must have been physically present for a certain amount of time as well. This can be extremely confusing for many applicants—two concepts are similar, but not necessarily related. It is very important to have an accurate understanding of these ideas before sending in naturalization paperwork.

Physical Presence

While physical presence may seem fairly self-explanatory, in reality it can become quite complex. There are a multitude of technicalities that may render presence unlawful or otherwise unable to be counted. Additionally, even after factoring these possibilities, what many people miss is that they must be able to show they were physically present in the United States for at least half of the five-year statutory period before applying for naturalization. It is not uncommon, for example, for applicants to see that they must be able to show that they have been physically present for 30 months, without reading that the 30 months must be within that five-year (60 month) period.

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 Posted on October 24, 2016 in Personal Injury

Each year, approximately 4,000 people are killed in trucking accidents and another 100,000 are injured. That is approximately 11 deaths and 284 injuries per day. The only thing more concerning is how the numbers are rising, causing more and more deaths and injuries, each and every year. Yet there has not been a national outcry, and very few people are even discussing what is really happening here. It is time for that to change. If you or someone you love has been injured or killed in a trucking accident, learn how you can fight back and maybe even help make the roads safer for others.

Cost of Doing Business? We Think Not

Safety advocates have been pushing for tighter regulations for some time now, but trucking companies have been bucking them every step of the way. True, it is an industry where turnover rates are high. The pay is not great, especially when you consider the hours and extended tie away from family. Yet none of this really serves as an excuse for poor regulation, for keeping drivers behind the wheel that have racked up multiple infractions, or for trying to go around the system when the company itself is shut down for violations. The accidents are not the cost of doing business; they are the result of a too-loose system for an industry capable of doing tremendous damage.

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 Posted on October 18, 2016 in Family Law

While it has been said that “money is the root of all evil,” there is really nothing wrong with wanting or needing financial stability. In fact, in this day and age, financial stability is absolutely crucial when it comes to protecting your overall health and wellness. So how do you ensure you get your fair share in high asset divorce? The following explains further.

A Battlefield or a Place of Compromise?

Sadly, the fight over money in divorce can (and sometimes does) turn court into a battlefield. Couples who once loved each other wage war and sometimes even engage in sneaky and underhanded tactics in order to keep their fair share. In these situations, it is critical that you have a legal representative who is willing to protect your rights – preferably one who is also experienced in handling high asset divorces and high conflict litigation proceedings. Yet this is not always a requirement. In fact, if you instinctively pursue the kind of attorney that starts out swinging, you could turn what might have been an amicable divorce into a highly contentious one. As such, it is important that you also seek an attorney who knows how to protect your interests in peaceable negotiations.

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 Posted on October 18, 2016 in Personal Injury

Although dogs are seen as four-legged, happy companions to millions of families around the country, the beloved Fido can also be a feared enemy.

Dog bites occur every 75 seconds in the United States. Each day, over 1,000 citizens require emergency medical care to treat these injuries. Moreover, children are often the ones who suffer the most horrific injuries from dog attacks, including mauling which tears at the skin and can disfigure a little body for life. The emotional scarring runs deep and can involve lasting effects.

Fear and Apprehension

When bitten by a dog, both physical injury and mental anguish or emotional distress may occur. Therefore, it is possible for other manifestations to result and include the following:

• A fear of dogs in general;
• Stress and anxiety when thinking back to the event;
• Nightmares and/or insomnia;

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 Posted on October 18, 2016 in Immigration

United States immigration law is an extremely diverse and complex body of regulations that changes without warning. It is understandable that some visa or green card applicants might conceivably be left without options if their circumstances abruptly change. To help those that might be caught in this kind of situation, Congress passed the Legal Immigration Family Equity Act (LIFE Act) in 2000. While it may not fit the facts of your situation, it is worth investigating to see if it might.

Passage & Criteria

The LIFE Act was signed into law in December 2000, and its provisions allow some who might normally be ineligible to apply for a green card (referred to in official documents as lawful permanent resident or LPR status) to do so if the appropriate petition or labor certification has been filed for them before April 30, 2001. While this may seem outdated or irrelevant, in reality it still has quite a bit of relevance for potential immigrants from specific countries. For example, the priority date (the number that must come up before your visa may be granted) for certain categories of immigrants from India or Mexico is still listed as being in the 1990s—in other words, the queue to obtain a U.S. visa or green card is more than 20 years long.

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 Posted on October 12, 2016 in Family Law

Each year there are 18,500,000 mental health care visits due to intimate partner violence. However, there are also many domestic violence incidents that go unreported. This could be due to a number of reasons, being that the victim becomes afraid of their abuser. As such, it is important to communicate to loved ones if and when an abusive situation occurs.

You Have Options

One way to put an end to domestic violence in Illinois is to seek an order of protection. There are multiple reasons you can use this option:

• Intimidation,
• Stalking,
• Harassment,
• Physical harment,
• Willful deprivation,
• Exploitation, and
• Interference with personal autonomy.

October is National Domestic Violence Awareness Month

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 Posted on October 11, 2016 in Family Law

In divorce, the first legal step is to notify the other party (your spouse). Historically, this has been done in person, or by way of newspaper if the party could not be located. Yet, as newspapers are being perused less and less frequently, and the use of social media grows, some courts are considering the option of serving divorce papers via social media. Could this be the next big thing in divorce, or are we treading on dangerous waters?

Woman in New York Legally Serves Husband on Facebook

Last year, a woman in New York spent several years trying to track down her husband. She even hired a private eye. When her efforts failed, she turned to the court and asked if she could serve him divorce papers through Facebook. The court agreed, but with a catch.

The woman had to prove that her husband owned the account, and that he regularly logged into his account and would therefore see the summons. Further, the transmittal had to be repeated once a week for three consecutive weeks, and the woman and her attorney had to attempt to reach the man by other means to let him know the papers had been sent.

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 Posted on October 11, 2016 in Immigration

Applying for asylum is one of the most difficult undertakings one can attempt, and approximately 49 percent of claims are denied each year. If yours is one of them, you may be at a loss as to how to proceed after you receive the immigration judge’s verdict. It can be critical for you to know your rights, lest you wind up having to leave the United States when it may not in truth be necessary.

Requesting a Reopening

In most situations, there is one method to try before submitting a formal appeal, and that is to request a reopening of your asylum case. However, in order to be considered for such an option, you must be able to show that you have new or different evidence; a reopening is not a de novo review. In other words, the court will not review the entire case anew, rather they will only evaluate the case vis-a-vis the new evidence you introduce.

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