Posted on July 26, 2016 in Immigration

During an election season, quite a lot of misinformation is passed around, with both good and bad intentions. Unfortunately, immigrants - especially newly arrived immigrants - are often misled by this, especially regarding their own rights with regard to participating in the process. It is imperative to set the story straight, especially when there can be serious consequences otherwise.

What Does The Law Say?

Many believe that immigrants who are lawfully present have the right to vote, and in a few locations, they do, such as Takoma Park in Maryland, but only in local elections. However, federal law has made non-citizen voting in federal elections unlawful since 1996. The rationale is that non-citizens should not be entitled to a voice upon subjects they are not affected by (because, in theory, non-citizens are not affected by issues like tax revenue, U.S. foreign policy or other issues they could simply return home to avoid). While this rationale is often insufficient in practice, the law is still upheld.

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 Posted on July 22, 2016 in Personal Injury

Driving on today’s roads can be treacherous. Many factors can contribute to accidents, injury, and death. Drivers can encounter distracted drivers, reckless cars and those who simply ignore the rules of the road and show their frustration at seemingly insignificant situations. With almost thirty thousand fatal car accidents in 2014, it is no wonder that we should all be concerned about how and where we drive especially at intersections, where people are t-boned and sideswiped frequently.

If you were involved in a car crash that occurred at an intersection due to another driver’s negligent actions contributed to the accident, obtain legal advice from an experienced personal injury attorney. In the event of an injury you may also be able to make a case for a financial settlement to assist you in your recovery.

Tricky Turns?

Many experts claim that burgeoning populations and older infrastructure in cities are contributing to the accidents as is extra technology and gadgets in cars. But unfortunately, while that may be true, driver personas are also a major factor.

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 Posted on July 21, 2016 in Personal Injury

As we age, bone density, muscular strength, mobility and our general health can deteriorate. While some are fortunate to maintain their strength and agility, many do not. This does not mean that we should be any less forgiving when someone slips and falls on the sidewalk, in a mall, or another business premises.

Slips and falls can cause serious injuries and are among the most common causes of traumatic brain injury (TBI). Falls account for over 8 million hospital emergency room visits.

These injuries can take a long time to heal. If you slipped and fell because a business owner failed to make a safe environment to walk on, you may have a legal case and you may be entitled to monetary compensation for your injuries. A personal injury attorney can help determine if you have a case.

Leading Causes of Slips and Falls

About 20,400 people died from falls at home in 2014, and the vast majority of them were over the age of 65.

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 Posted on July 21, 2016 in Immigration

If you or someone you love winds up in immigration removal proceedings, there are only a few select ways where it might be possible to avoid that eventuality. One of those is called cancellation of removal. However, unless you are a lawful permanent resident (LPR, or a holder of a ‘green card’), cancellation can be extremely difficult to win. You must be able to prove that your removal would pose an ‘exceptional and extremely unusual hardship,’ which is an extremely high standard to meet.

How Will Your Removal Affect U.S. Citizen Family?

To be blunt, United States Citizenship & Immigration Services (USCIS) cares very little about the inconvenience to an undocumented or non-LPR immigrant. What is more relevant is the potential difficulty to any U.S. citizen family members you may have. For LPRs, the standard is to show that your removal would cause ‘extreme’ hardship to a U.S. citizen spouse or children. For non-LPRs, the standard is raised to “exceptional and extremely unusual.”

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 Posted on July 20, 2016 in Immigration

The 1951 Geneva Convention on Refugees and its ensuing 1967 Protocol are perhaps the founding documents of asylum law in the United States, providing everything from a working definition of ‘asylee’ and ‘refugee’ to the categories under which one can claim asylum. It does also specify certain bars and exclusions, setting forth some conditions under which someone is expressly unable to claim the Convention’s protections. Being ‘firmly resettled’ in another country is one of the most often seen.

What Is Firm Resettlement?

An alien or potential asylee is considered to be ‘firmly resettled’ in a country when they received an offer, while in that country, of permanent residence, citizenship or any other potentially permanent immigration status, unless they show one of two exceptions are true. The first is that they only entered the country as an expedient path on their flight from persecution or danger, while the second is to allege that they were not actually resettled because the country’s authorities put such restrictions on the person’s freedoms as to render them subject to governmental whims. In the latter case, the issue of firm resettlement is usually decided on a case-by-case basis by analyzing an individual’s restrictions and freedoms during that period of time.

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 Posted on July 19, 2016 in Family Law

When a divorce happens, everyone in the family is affected. However, children are often the most at risk for long-term emotional problems and maladjustment. This is especially true when conflict continues after the divorce is complete. You can minimize the risk to your children by developing a well-planned, thoughtful, and intentional parenting plan that reduces conflict and encourages a healthy, lasting relationship with the other parent. Of course, this is often easier said than done. To help you get started, here are some of the most commonly used parenting plan structures.

Traditional Co-Parenting Plans

Most parents are familiar with the traditional co-parenting plan. It is one in which the allocation of parental responsibilities follows a predictable schedule, and both parents have equal (or close to equal) decision-making power. Of course, this can look very different from one family to the next. Whereas one family might switch off time with their child on a weekly basis, others might alternate holidays and weekends. Some may even switch off a couple of times throughout the week. This parenting plan is often most beneficial for parents who can communicate effectively.

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 Posted on July 12, 2016 in Family Law

When it comes to divorce in Illinois, marital property is divided equitably, but not necessarily equally. This can result in a great deal of contention, and even confusion over who gets what out of a divorce. If you are separated, planning on filing for divorce, or have already begun the process, the following information can help you better understand how marital property is divided in divorce.

Marital Factors That Influence Property Distribution

Once the assets and debts have been valued in a divorce, couples can begin to negotiate a reasonable settlement regarding how the marital estate can be distributed. However, those that are unable to reach an agreement may take the matter to court. Here, a judge will consider several factors to determine how marital property should be distributed. These include:

• Each party’s income, property, and assets;
• Needs of each party;

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 Posted on July 08, 2016 in Personal Injury

Drivers who train to operate large tractor trailers are required to know the nuances of how to safely drive the truck. There are more levels of techniques over and beyond that used to operate regular cars or SUV’s. And while fender benders can run the gamut in terms of severity, if you are in a car, the risk of an impact from a truck is much worse. In 2010, Illinois reported 2,569 Injuries in Crashes Involving Large Trucks.

If your loved one has been hurt in an accident involving a truck, you should seek legal assistance. If it turns out that the truck driver was negligent in their operation of the vehicle, and that is what contributed to the accident, compensation may be awarded. Call a personal injury attorney to establish whether a case can be made.

Commercial Driving Techniques

A commercial driver’s license is required for drivers of heavier vehicles because their operation and handling is significantly different to that of a car. That being the case, truck drivers have to be more aware of the techniques they need to employ for the safe operation of their vehicle.

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 Posted on July 05, 2016 in Immigration

The rules of claiming citizenship, if one is not born in the United States, are very complex for most people. It does sometimes lead to situations where one becomes confused, even about their own immigration status. It also can lead to unscrupulous people trying to take advantage of inefficient regulations. If you or a loved one have intentionally or unintentionally claimed U.S. citizenship when you have not been entitled to do so, it may carry serious consequences for you or even for your family.

Honest Mistakes

People unintentionally claiming U.S. citizenship happens far more often than most people think. It is a common mistake among young people, who are often taken to the U.S. from their home country when they are too young to remember or be aware of immigration regulations. Their parents may also have taken steps to get them a Social Security (SS) card or to otherwise shore up the idea that they are citizens, thinking it will make their lives easier. When their Social Security card turns out to be invalid, it can be a very rude awakening - though the Supreme Court ruled in 2010 that if someone does not knowingly steal another’s SS number, it is not a crime (but still an immigration violation).

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 Posted on July 05, 2016 in Family Law

Every year, changes and modifications are made to existing laws. Oftentimes, they are made to ensure current laws reflect the needs and situations experienced by today’s members of society. Other times, changes are made to improve how the system functions, or to better define our laws. Both prompted the most recent changes to Illinois family state laws. Understand what these charges are, and what they mean for your divorce, custody, or family law case.

No-Fault Divorce Seeks to Reduce Contention

Prior to 2016, couples often filed for divorce based upon reason or circumstances. The new laws eliminated these reasons, including the popular “heart balm” divorce options like spousal alienation and infidelity. Now there is only no-fault divorce – a simple, clear-cut filing that couples can use to indicate that, for one reason or another, the marriage broke down and cannot be resolved. The theory is that, by removing fault and finger-pointing, couples could focus on the legal aspects of their divorce instead of getting into arguments about who wronged whom. In short, the change was meant to reduce contention during divorce, both in and out of the courtroom.

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