Posted on May 12, 2016 in Immigration

Very often, the most vulnerable people seek asylum in the United States, fleeing oppressive and dangerous conditions in their home countries. Yet what many do not realize is that sometimes, the waiting for a decision can be arguably just as difficult and dangerous. This is especially true for transgender and non-gender-conforming people, who make up approximately one of every 500 immigrants, and an even higher proportion of asylum seekers. However, Immigration and Customs Enforcement (ICE) has begun to make changes to their policies regarding these potential asylees, which can only improve quality of life in general.

Is Gender Identity Covered by Asylum Law?

U.S. asylum law has its roots in the 1951 Geneva Convention and its 1967 protocol on refugees. The definition of a refugee propagated in the Convention is the one contained almost word for word in the U.S. Immigration & Nationality Act, and it permits application for asylum if someone is unable to obtain protection from, or return to, his or her country of nationality. If these criteria are met, there are five grounds on which someone may apply under U.S. law for asylum. Those grounds are race, religion, nationality, political opinion, or membership in a particular social group.

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 Posted on May 07, 2016 in Family Law

Divorce in the later years of life – often referred to as "gray divorce" – is becoming more common, especially now that people are living longer, working longer, and physically active longer. In fact, one in four Americans over the age of 50 are going through a divorce, which is double the rate from 1990. Unfortunately, this also comes with some drawbacks, particularly in the financial area. Know what your risks are and how you may be able to prepare effectively before filing.

Marital Assets in Gray Divorce

Just like in all divorces, marital assets are divided among those divorcing later in life. For example, pension money, such as IRAs and 401Ks earned during a divorce, are usually split. This can ultimately delay retirement, especially if alimony is an issue. In contrast, if the divorcing couple has already retired, this can create a massive shift, possibly to the point of completely altering the lifestyle of one or both parties.

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 Posted on May 05, 2016 in Personal Injury

Truck drivers perform a very important role in our daily commerce. Without them transporting goods between destinations, our everyday lives and the flow of goods and services would be impacted. However, long haul journeys are often involved and the incidents of truck accidents do not go unnoticed.

Reports from the U.S. Department of Transportation state that close to 4,000 people are killed in large truck crashes each year. Moreover, driver fatigue is stated as a leading factor.

Motivated to drive longer in order to be paid more, tired drivers put others at risk on the roads. In 2013, there were 10,397 crashes involving tractor-trailers in Illinois alone.

Under-represented Statistics

Train and bus accidents grab the news headlines when there are multiple casualties due to a tired driver or conductor falling asleep behind the wheel or at the controls. Trucks are no exception. Unlike testing for alcohol and drugs, a definitive test for fatigue does not exist. This can lead to the real numbers of fatigued drivers causing accidents being under-reported and under-estimated.

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 Posted on May 05, 2016 in Immigration

If you are an immigrant in the United States, you have likely heard of an aggravated felony, or are at least aware that committing a crime described as an aggravated felony can have serious immigration consequences. However, depending on your circumstances, you may not have heard of crimes of moral turpitude (CMTs). Until you obtain citizenship, if you so desire, committing a CMT can still have serious consequences for your immigration status.

Definitions and History

The designation of crimes of moral turpitude appeared in U.S. immigration law for the first time in the late 19th century, where it was defined as a crime involving conduct that is inherently dishonest or otherwise wrong; a crime that involves malice (‘malum in se’) rather than being wrong simply because there is a law against it (‘malum prohibitum’). For example, pedestrians crossing the street outside the confines of a crosswalk is not an inherently wrong act, but rather it is unlawful (‘malum prohibitum’). Conversely, deliberately striking a pedestrian with your automobile is inherently wrong and immoral (‘malum in se,’ which would qualify as a crime involving moral turpitude).

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 Posted on April 29, 2016 in Family Law

Leaving a violent relationship is extremely difficult and divorcing an abuser can be a constant uphill battle that feels nearly impossible to win. This is especially true if the children were also abused during the relationship, or if the parent victim believes the abuser may lash out at the children. As such, it is critical that victims understand the potential hurdles they may face during a divorce and how they may best be able to ensure safety throughout the process and beyond.

Safety First

The absolute most important thing anyone divorcing an abuser can do is develop a safety plan. This requires the victim to utilize all the skills and knowledge they have acquired up to the point of separation and to acquire some new ones. For example, a victim likely already knows when to disengage from a conversation or an argument because they know their abuser’s trigger points and behaviors. However, more resources, such as coworkers, family, and friends may need to be notified of the current situation so they can help spot the abuser and notify the victim.

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 Posted on April 28, 2016 in Immigration

One of the most commonly utilized metaphors in the U.S. immigration debate is talking about a ‘line’ in which everyone in theory must wait. However, the actual picture is significantly more nuanced and complex. If you are in a position where you are waiting for approval, or if you are trying to bring a family member to the United States, understanding the process better can ease stress on you and all involved.

Many Exclusive Lines

The primary myth often bruited by the uneducated is that there is one ‘line.’ In reality, there are many different ones, all rendered fairly exclusive by the legal requirements, amount of money, and paperwork required to join them.

For example, if you are the unmarried child of a U.S. citizen, your parent is able to apply for a permanent resident card for you under U.S. immigration law. To do so requires money, paperwork, proof of eligibility and time. If, over time, you meet someone and marry, your petition will be denied—you are no longer unmarried, and thus no longer eligible. You would not only have to lose your place in ‘line,’ you would have to join an entirely different one based on your marital status.

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 Posted on April 27, 2016 in Personal Injury

Slips, trips, and falls can happen to anyone at any age. They are the leading cause of injury-related death among the elderly, and a recent study on falls among college undergraduates showed that 58 percent experienced some sort of slip, trip, or fall over the course of 16 weeks. Moreover, data from the National Floor Safety Institute shows that falls account for 21.3 percent of all emergency room visits (approximately eight million visits per year), making it the leading reason people visit. So, whether you are at home, work, or play, it is important to know how to best avoid them.

Common Causes of Slips, Trips, and Falls

Despite common theory, slips, trips, and falls typically occur on the same level, not stairways or other elevated surfaces. Common causes include debris (power cords, clutter, loose rugs, etc.) and surfaces that are either slick or uneven (ice, snow, water, etc.). Improper footwear, failure to use safety devices such as handrails, and distracted walking can also be contributing factors. To prevent falls from these causes:

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 Posted on April 22, 2016 in Family Law

Unless you have extenuating circumstances, odds are that you and your soon-to-be ex-spouse will share parental responsibilities of your children. In an amicable divorce, this might not be a problem. But how does that work when you can barely stand to be in the same room together? When there are so many hurt and angry feelings? The trick is to know where the focus should be.

Stay Child-Focused

No matter what happened in your marriage, no matter how poor of a spouse your ex is, it is important to remember that the time after the divorce is no longer about you as a couple; it is now about your child and what your child needs from each of you. That means that, whenever you are tempted to lash out at your ex, you leave your child out of it. When you are struggling to reach an agreement about who will take your child next holiday or over the summer, you try to think of what is best for your child. And, when you speak about your ex and your child is around, keep in mind that you are talking about their other parent and the words that you say can hurt.

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 Posted on April 22, 2016 in Personal Injury

Statistics show that in 2015, non-family dogs inflicted the majority of dog bite fatalities—59 percent. Nearly one-third, or 32 percent, of all dog bite fatality victims were either visiting or living temporarily with the dog owners when the fatal attacks occurred. Children 9-years-old and younger accounted for 82 percent of these deaths.

Why Dogs Bite

The natural reason why dogs bite is because they feel they are being attacked or challenged. This causes their predatory instincts to come into play. Even play fighting can turn into next level violence if their aggression is pushed enough. Males and children under 9 years of age are often on the receiving end of these attacks.

Additionally, the American Veterinary Medical Foundation (AVMF) states that dogs that are stressed or scared may also lash out. For instance, when a dog is ill, his or her temperament may change for the worse. Types of injuries that can be inflicted include bite marks, deep gashes, fatal organ punctures, traumatic brain injuries, and extensive flesh wounds which may result in fatality.

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 Posted on April 21, 2016 in Immigration

International marriage is becoming common. In order to make it work, however, there are legalities that must be observed, and many people wind up in trouble due to being unaware of such requirements. One of the most important is having conditions placed on your permanent residency, and how to apply to remove them. This is done to cut down on fraudulent “green card” marriages, but it can cause problems even for those in true relationships.

Conditions Placed on Permanent Residency

If you are engaged to marry a U.S. citizen, or if you have been married for less than two years upon your entry into the U.S., you are entitled to apply for permanent residence. However, if successful, you will receive a conditional grant of permanent residency, valid for two years only. United States Citizenship & Immigration Services (USCIS) will then more fully investigate your background and bona fides during that two year period.

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