Posted on March 08, 2016 in Immigration

Sometimes, the situation in a specific country or countries can simply be too difficult or dangerous to allow immigrants to return. However, not every immigrant has or can get into the appropriate immigration status in time. To prevent potential violence to innocents, the United States has a variety of humanitarian immigration benefits that can be applied for if a temporary safe harbor is needed while life becomes less dangerous.

Temporary Protected Status

Temporary Protected Status (TPS), while it does not provide any permanent immigration benefit, is an immigration status granted by the Secretary of the Department of Homeland Security (DHS) to the citizens of countries undergoing significant (but temporary) upheaval, such as a natural disaster or ongoing war. Recent examples of nations whose citizens have been granted TPS in the United States include Nepal and South Sudan.

People who have been granted TPS cannot use it as a stepping stone to any kind of permanent benefit, but it will grant both relief from deportation and, usually, an Employment Authorization Document (EAD). Also, there is no law barring those under TPS from using the time to apply for a more permanent status or adjusting their lawful status; they simply cannot use their TPS status to do so.

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 Posted on March 04, 2016 in Family Law

Senate Bill 57, which went into effect on January 1, 2016, made several significant changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Focused on simplifying matters like grounds for divorce, custody, parental relocation, and waiting times for a divorce, these changes affect everyone pursuing a divorce or dissolution of marriage in the state of Illinois. But, with same-sex marriage so new, many couples are uncertain as to whether or not those same changes will apply to same-sex divorce, or to what extent.

Same-Sex Marriages in Illinois

On June 1, 2014, same-sex marriage became legal throughout the state of Illinois, but same-sex couples throughout the United States still struggled with obtaining a marriage license. In 2015, the U.S. Supreme Court ruled that all marriages were legal, regardless of gender or sexual orientation and states were no longer permitted to prevent same-sex couples from obtaining their licenses. Unfortunately, there have been some lags in the justice system regarding divorce and child custody for same-sex couples.

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 Posted on March 04, 2016 in Personal Injury

Trucks are often regarded as a menacing presence on our roads and highways. Cars feel minuscule in comparison and drivers often feel weary of driving near them—concerns that are not without merit.

Truck accidents occur frequently and the outcomes can be deadly, especially given the speeds involved on highways. In 2012, there were 3,921 people killed and 104,000 people injured in crashes involving large trucks. What exacerbates the issue is when trucks are overweight or overloaded.

Businesses across the country are competing for their share of the market. With so much commerce now originating online, the traffic flow of goods now takes up a significant amount of what is being transported on our roads. This demand can pressure distributors to cut corners to meet demands and deadlines, and trucks can be loaded well beyond capacity.

Illinois does, however, have maximum gross weight limit for trucks. Additionally, Illinois abides by the "Bridge Formula Weights Calculator,” where there is an 80,000 pound gross vehicle weight limit for semi-trailers, tractor and trailers.

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 Posted on March 01, 2016 in Immigration

While efforts are not always successful, the United States does its best to adapt its immigration policies and requirements to reflect world events. It was in this spirit that the Visa Waiver Program Improvement and Terrorist Travel Prevention Act was passed into law as part of an omnibus bill in December 2015. The Act has created both approval and controversy; still, it is imperative that those planning immigration or travel to the United States be aware of its tenets.

The Act

The Act, signed into law by President Obama on December 18, 2015, went into effect immediately. The main provision of the act makes changes to the Visa Waiver Program (VWP) dealing with those who have spent time in, or are citizens of, countries designated as “of concern” or as terrorism supporters in the past. Therefore, people who have spent time in countries such as Iran, Syria or Iraq, at any time since March 2011, are barred under this Act from using the VWP, regardless of citizenship. A British citizen, for example, could be refused entry to the U.S. if he or she attempted to travel on the VWP after visiting Syria the previous year. It is possible to obtain a waiver; however, only specific classes are able to apply for them, such as workers at law enforcement agencies or those dealing with national security.

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 Posted on February 29, 2016 in Family Law

Illinois Senate Bill 57, which went into effect on January 1, 2016, made a number of substantial changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), including grounds for divorce and the waiting period for divorce. Couples planning to pursue a dissolution of marriage should understand these new changes and how they may affect proceedings.

Grounds for Divorce Limited to No-Fault

Prior to the recently implemented bill, parties could file for divorce on a wide range of marital issues, including adultery, desertion or willful absence, infertility, transmission of sexually transmitted disease, domestic abuse, extreme cruelty, drunkenness, drug addiction, felony conviction, and bigamy. Now, only no-fault divorce – otherwise known as "irretrievable breakdown of the marriage" – exists.

The goal is to reduce the drawn-out arguments, defensiveness, and intentional stabs within divorce court that only further perpetuate the negative emotions experienced by both parties. It also seeks to resolve matters in a healthier way for couples by removing reasons that are unproductive in nature. This can be especially beneficial for families that include children who are often negatively affected by feuding parents.

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 Posted on February 26, 2016 in Immigration

It is not uncommon for lawful permanent residents (LPRs, or ‘green card’ holders) of the United States to sometimes forget they do not enjoy all the rights of citizenship. While most of the time, the restrictions on LPRs are minimal, there are times when they do directly interfere with plans that a U.S. citizen would have no trouble executing. Traveling is one of the most common instances of potential problems. LPRs planning travel need to be aware that there are rules they must obey, lest they be refused re-entry afterward.

Short Trips & Vacations

If an LPR wants to take a brief trip abroad, for pleasure or to visit family, he or she can generally do so with minimal hassle. He or she simply needs to ensure that all the requisite documents are acquired to return—namely, an unexpired green card and any identifying documents the U.S. Customs & Border Patrol may request—for example, a copy of a marriage certificate if you have changed your name since obtaining permanent resident status.

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 Posted on February 26, 2016 in Family Law

Senate Bill 57 has significantly altered the laws and statutes of the Illinois Marriage and Dissolution Act (IMDMA), including those that govern how child support and spousal maintenance are handled during divorce proceedings. Accurate information on these changes may be especially important for divorcing couples that have limited earning potential or excessive amounts of debt, or for those that have mentally or physically disabled children.

Changes to Illinois Spousal Maintenance Laws

Although it is extremely unlikely that every divorce action will include a provision for spousal maintenance, the changes brought about by Senate Bill 57 (effective January 1, 2016) have significantly altered how courts decide when to award spousal support. Now, financial obligations that have emerged from the divorce, along with realistic present and future earning potential are considered.

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 Posted on February 25, 2016 in Personal Injury

Family pets are treasured companions and, for the most part, are lovable, caring family members. However, according to American Society for the Prevention of Cruelty to Animals (ASPCA), aggression is the “most common and most serious behavior problem in dogs.”

Approximately 4.5 million dog bites occur each year in the United States. The average cost of a dog bite-related hospital stay is $18,200, which is 50 percent higher than the average injury-related hospital stay. The rate of dog bite-related injuries is highest for those aged 5 to 9-years-old. Moreover, children are more likely than adults to receive medical attention for dog bites.

Reasons Dogs Bite and the Repeat Offenders

Certain dog breeds have gained the reputation of having the susceptibility to lash out unexpectedly—common offenders usually include pit bulls and rottweilers. Still, Canine Journal notes that any dog can bite if “the conditions are right, no matter how well-bred, well-trained, or well-loved they may be.” Hence it is important to be aware of breed tendencies and general stressors. Aggressive behaviors generally begin with warnings and can lead to an attack. A dog that shows aggression to people usually exhibits increasingly intense behaviors including:

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 Posted on February 18, 2016 in Personal Injury

Winter is upon us and so is the time for hazardous conditions related to the weather. Rain events and snow storms are regional concerns and so is the risk that people will slip and fall on icy underfoot conditions.

In the United States, total injuries due to falls are estimated at $13-14 million per year. Moreover, falls are the number one cause of accidental injury, and resulted in 20.8 percent of all emergency room visits in 1995.

Contracting for plowing services may seem adequate for business owners; however, they are not. Proper treatment of walkways, driveways, and crosswalks is imperative.

Slip and Fall Prevention

Property owners are legally responsible for keeping their premises reasonably safe. However, if they do not, there may be consequences resulting in serious injuries. Therefore, building owners should formulate a plan to inspect their property and surrounding areas frequented by pedestrians. Regular monitoring is crucial to identifying any hazardous conditions and making swift repairs. Examples of maintenance plans to help improve safety include:

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 Posted on February 18, 2016 in Immigration

Contrary to popular belief, undocumented immigrants do have rights even when before an immigration judge, though they have fewer than a U.S. citizen would. If you are in removal proceedings or have been given a Notice to Appear, you may be able to successfully defend yourself from deportation on one of any number of grounds.

Contesting Removability and Filing for Relief

As a general rule, it is a good idea to never openly concede removability, especially not on the record at an immigration hearing. If you admit that you are removable from the U.S., then United States Citizenship & Immigration Services (USCIS) does not have to prove anything, and you will have essentially done their work for them. However, this does not mean that you should lie. Lying can be seen as evidence of bad character, and a judge is very unlikely to grant relief or other requests if you acquire a reputation as a liar.

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