Posted on January 14, 2016 in Immigration

If someone wants to become a United States citizen or adjust status, he or she is generally aware that the process is quite complex. Providing all the relevant documents can take years. However, the most commonly confused provision is that requiring ‘good moral character.’ This term is not clearly defined in U.S. immigration law, and without a concrete understanding of what is required, your naturalization application may be turned down.

A Subjective Definition

The United States Citizenship & Immigration Services (USCIS) Policy Manual defines good moral character as “character which measures up to the standards of average citizens of the community in which the applicant resides.” This definition, as one might guess, is extremely subjective and difficult to define in hard terms.

Generally, if someone does not have a criminal record, it is a point in their favor. However, the mere existence of a criminal record is not an immediate bar to citizenship. The crime in question must be serious—something that is referred to in other immigration jurisprudence as a crime of moral turpitude (CIMT), which is also arguably not well defined. A crime of moral turpitude is a crime that has the potential to shock the conscience of the average person—but this, like the standard for good moral character, is highly subjective.

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 Posted on January 12, 2016 in Personal Injury

Designed to keep people safe, national recalls extend to everything from toasters and blenders to cars and medical devices. There is one industry that remains untouched, however, despite having caused thousands of deaths and even more injuries. Interestingly enough, this very same industry is solely dedicated to the creation and distribution of lethal weapons.

National Recall Double Standard

Vitamin makers have 15 days to report a hospitalization or death linked to one of their products. Every other one of the 15,000 products governed by the Consumer Protection Safety Commission has just 24 hours to notify officials that one of their products could pose a substantial risk of injury. Yet gun manufacturers are under no obligation to report defects, injuries, hospitalizations, or other incidents—not to consumers, and certainly not to the government.

Because of this lack of accountability, there are scores of potentially defective firearms in the hands of consumers. Of course, no one knows for certain since they are not obligated to report such incidents. However, the Centers for Disease Control and Prevention says that there were 215,422 non-fatal unintentional gun injuries between 2001 and 2013, and another 8,383 deaths.

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 Posted on January 11, 2016 in Family Law

Among most age groups, divorce rates have begun to level out. However, statistics show there has been an increase of late-life divorces, otherwise known as ‘grey’ or ‘silver’ divorces. Of course, divorce can happen at any age, and after any number of years of marriage, but experts believe there may be some unique factors contributing to the recent incline of divorces among those nearing or already of retirement age.

Children Have Left the Nest

Even today, many couples continue to stay together for their children. But what happens when the children have all grown up and you are still unhappy or unfulfilled? For many, the answer is to finally seek out that divorce. Of course, even adult children often want their parents to stay together. However, most “happy enough” but unfulfilled people feel their children no longer have any influence when it comes to making a decision about their relationship.

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 Posted on January 07, 2016 in Immigration

No one wants to be a refugee. The people who are forced to leave their homes simply want to live free of harm. However, to be accepted as a refugee in the United States is very difficult, and often cannot be done without an experienced legal professional by your side. Understanding the process is a critical first step.

The 1951 Convention

United States refugee law is primarily predicated on the 1951 United Nations Convention on the Status of Refugees and its 1967 Protocol. It is in the Protocol that the term refugee is defined, and the U.S. has adopted it into federal law. The definition of the word refugee is “someone who is unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership in a particular social group, or political opinion.”

This definition appears to be common sense, but in reality, it sets out a series of legal benchmarks that anyone wishing to obtain status as a refugee must meet. They must show that they have not only a fear of being persecuted, but that their fear is ‘well-founded,’ and it must be directly related to a characteristic they possess (or that people think they possess). To prove all these criteria, as well as complying with all administrative procedures, is a long and difficult path. However, some have no other choice.

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 Posted on January 04, 2016 in Personal Injury

Hoverboards turned out to be one of the hottest gifts this holiday season; however, some new owners are experiencing a heavy sense of buyer’s remorse after their new toys unexpectedly caught fire. With more and more reports of such incidents pouring in, these items are now expected to cause a wave of product liability lawsuits.

Nearly Two Dozen Fires Already Reported

According to Fox News, the Consumer Product Safety Commission (CPSC) is already investigating 22 reports of hoverboard fires. Two of those cases have already resulted in pending lawsuits—one in Alabama and one New York. In response to those fires, the CPSC has issued a broad warning to consumers regarding the potential for fire, and airlines have banned the scooters because of their potential safety risk.

Early Reports Indicate All Brands at Risk

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 Posted on January 04, 2016 in Family Law

There are a number of reasons that couples may divorce: infidelity, disagreements about children, in-laws . . . the list is endless, really. However, experts have long-thought there to be one very important predictor when calculating a couple’s risk for divorce, and it just so happens to be an issue that any couple can—and likely will—face at some point in their marriage: money troubles.

Money Problems: Not Just for the Financially Troubled

While most people assume that money troubles are restricted to financially troubled couples, the truth is that money problems often extend to couples well within the middle income and higher income brackets. In fact, financially secure couples are often more likely to experience arguments about finances because they have the means to commit financial infidelity, whereas financially troubled couples often do not.

In financial infidelity, one spouse or the other has a financial secret — it could be a credit card (or a few), a bank account, a loan, or any other form of credit. Experts say that, oftentimes, these secret accounts are created to avoid arguments about money and spending habits. And at least one out of 10 say they do so because they feel their spouse is a “financial bully” who controls assets, sets budgets, or restricts spending in an unfair way.

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 Posted on December 30, 2015 in Personal Injury

With the cooperation of El Nino, The National Weather Service (NWS) is forecasting a winter with typically above normal temperatures and lower amounts of snowfall. Although many may welcome this as wonderful news, there will be a time when driving conditions may worsen as winter looms on the Windy City’s horizon.

As many Chicagoans brace for even the hint of winter, NBC News recently offered various safe winter driving tips that may help when winter weather does touch down.

As noted by the news organization, November through March can be quite challenging when it comes to winter driving. Highways become jammed with Snowbirds heading south, business travels, winter sport enthusiasts, holiday vacationers, foreign visitors, and traveling students.

If your winter plans include joining in on the fun, NBC News offers the following safety tips to not only ease your winter driving concerns but to safeguard you against an unpredictable car accident.

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 Posted on December 30, 2015 in Immigration

To many people, family is absolutely everything. However, sometimes people have to leave family behind when immigrating to the United States due to legal obstacles, timing, or simply because they are unaware of the methods they could use to bring their families over. If you are in a similar position, it is generally a good idea to research all of your potential options.

Spouses and Children

Spouses and children are by far the most common family members that accompany immigrants into the United States. Most non-immigrant visas, such as H1B and L classifications, allow a person to bring his or her spouse and children with him or her on derivative visas. Most derivative statuses allow a spouse and children to remain for the duration of the primary visa, but do not grant any benefits such as the ability to apply for work authorization. There are, however, a few select visas under which derivative holders are entitled to benefits—H1B visas are an example of this, with H4 visa holders only recently being permitted to apply for Employment Authorization Documents (EAD) as of early 2015.

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 Posted on December 30, 2015 in Family Law

With the holiday season officially coming to a close, we are headed into a time when divorce rates are the highest. Unfortunately, many couples are also recovering from the end-of-year financial burdens, which can sometimes lead to taking tempting but dangerous shortcuts in filing. Avoid making this common mistake by knowing which cost-cutting options are a good idea, and which are best avoided.

Manage the Details in a Peaceable Manner

Long, drawn out divorce battles can end up costing thousands of dollars in attorney and court fees. Alternatively, there are couples who try to go at it without the help of an attorney and then end up regretting the decision later when the negotiations get out of control. Avoid both of these issues through either divorce mediation (one attorney serves as a third-party negotiator) or collaborative divorce (each couple hires their own attorney but chooses to work cooperatively to achieve an uncontested divorce).

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 Posted on December 22, 2015 in Family Law

Holidays are a time for family and fond memories, which might give at least a partial explanation as to why many couples wait until after the holidays to announce a divorce. Indeed, studies suggest that the majority of couples who are planning to divorce end up adopting a peacekeeping arrangement and, instead of moving forward with an impending divorce, they behave as though everything is normal. Experts call it the calm before the storm.

“Divorce Month”

In 2012, an analysis of divorce filings across the United States was done. The conclusion was that divorces typically spike in January, right after the holidays, and then hit a peak in late March. This led to the researchers declaring March “Divorce Month,” which continues to remain the month in which most U.S. divorces are filed. To understand this trend, experts have considered a number of possible factors, namely cost.

Cost Considered a Factor

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