Posted on November 18, 2015 in Immigration

An undocumented immigrant named Juan Francisco Lopez-Sanchez has been in prison since he allegedly killed U.S. citizen Katherine Steinle in July, on a San Francisco pier. He was released from jail when the drug charges against him were dropped, under a law referred to as a “sanctuary law.” Not long afterward, Lopez-Sanchez allegedly shot Steinle. Ever since then, the term “sanctuary cities” has been bandied about in the media, due to San Francisco’s status as one of them. However, as with many terms that come to the forefront of the media, there is quite a lot of misinformation being bandied about. It is important to understand what a sanctuary city actually is, and what it is not.

The Steinle Case and its Fallout

In this case, Lopez-Sanchez was freed from the city jail after the drug charges against him were dropped. A few hours later, he allegedly shot Steinle on a city pier. The sanctuary laws of San Francisco prohibit informing federal authorities of a person’s undocumented status if they are not in custody for immigration-related offenses. While Lopez-Sanchez alleged it was an accident, it appears to have been more a crime of opportunity. The crux of the matter is that he had been deported five times (in 1994, 1997, 1998, 2003 and 2009) and yet, continued to be able to re-enter the country.

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 Posted on November 17, 2015 in Personal Injury

Fatal motor vehicle accidents can happen to anyone, regardless of age, income, gender or location. However, a recent study, titled Trends in Socioeconomic Inequalities in Motor Vehicle Accident Deaths in the United States, 1995-2010, indicates that the disadvantaged are four times more likely to die in a crash than those that are financially well-off. It is not because a college education or a bigger salary makes you a better driver; instead, the authors believe that the increased risk stems from the less-than-optimal driving conditions with which impoverished communities often live.

Vehicle Safety Features Save Lives

Those with lower incomes typically own older cars, or cars that are more affordable. These often have lower crash-ratings, and they typically have fewer safety features, such as side-impact airbags, antilock brakes, or automatic warnings; this puts them at a much higher risk for life-threatening injuries and death in a motor vehicle accident. Those with lower incomes are also less likely to keep their vehicles in good, working condition, often neglecting maintenance issues, such as tire rotation, replacing worn brake pads or shoes, or repairing cracked windshields because of lack of funds.

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 Posted on November 13, 2015 in Family Law

There are many stressful issues you may encounter during your divorce. One particularly issue that many divorcing spouses face is their financial future after the divorce is finalized. Dealing with the financial issues in a divorce, including property division, alimony, and child support, involves a complex area of the law. You may feel overwhelmed by your options and the entire process. If you are going through a divorce, or considering divorce, there is important information you need to know regarding property division and how this division will affect you.

What Is Marital Property?

Generally, marital property comprises the property and assets acquired during your marriage. Under Illinois law, it is does matter whose name this property is titled in. For example, your spouse may purchase a vehicle titled solely in his or her name. If acquired during the marriage, that vehicle would be considered marital property. What is and is not marital property is an important distinction during the divorce process because Illinois divorces are subject to equitable distribution.

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 Posted on November 11, 2015 in Immigration

Adjustment of status is a common immigration term, used to mean a variety of things. In reality, it pertains to a specific procedure, namely the act of “adjusting status” from visa holder to lawful permanent resident (LPR) without having to leave the United States. Doing so is fairly straightforward; however, it is not without its confusing aspects. The method of adjusting one’s status is also constantly undergoing changes, even as of this writing.

Requirements

To be able to adjust status while inside the U.S., you must fit one or more of the visa categories; in other words, you must be either the beneficiary of an immigrant visa petition filed either beforehand or concurrently (depending on the category you are applying in), or you must have applied for and received a specific visa which permits adjustment of status. Categories include the following:

• Family based petitions, where a U.S. citizen or lawful permanent resident related to you files on your behalf;

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 Posted on November 10, 2015 in Personal Injury

Local area shopping centers will be a hubbub of activity during the upcoming holiday season. However, a routine trip for eager holiday shoppers can end in injuries as both in-store and parking lot accidents are common.

Dangerous Parking Lot Conditions

Various scenarios can cause serious or fatal outdoor retail store injuries. And while using common sense and taking proper precautions can help, parking lot accidents inevitably occur and can be caused by the following circumstances:

• Congested parking lots and insufficient security;
• Poor parking lot conditions such as a failure to clear snow, a poorly designed parking scheme, or inadequate lot lighting;
• Distracted, aggressive, or inattentive drivers rushing to find a coveted parking spot; and
• Unenforceable traffic laws in private lots.

Headaches As You Head Inside

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 Posted on November 06, 2015 in Family Law

It is common for a child with divorcing parents to express a desire to live with one parent over another. However, it is a frequent misconception that a child, especially an older child, can choose which parent to live with. In Illinois, the law does not allow a child to decide his or her custody arrangement. Instead, “the wishes of the child” is only one of a multitude of factors that a court considers when it awards custody.

Why a Child Cannot Choose Who to Live With

There are very good reasons for not allowing a child to determine his or her custody arrangement. For one, courts do not allow minors to make legally binding decisions. This includes prohibiting children from making decisions regarding their placement. Additionally, a court would not want to put a child in a position where he or she would have to make such an important decision about his or her future. Finally, not allowing a child to decide his or her placement helps protect the child from undue influence or persuasion from his or her parents or other potential guardians.

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 Posted on November 04, 2015 in Immigration

In the current American political climate, there is almost constant misinformation being spread about every aspect of immigration law. Conflicting reports abound on every question, from family sponsorship to requirements for asylum—and no topic has perhaps created more discussion (both truthful and misinformed) than the idea of keeping undocumented immigrants in the country via the passage of legislation and/or executive initiatives.

The Deferred Action for Childhood Arrivals (DACA) and the DREAM Act (which has not been passed, but has influenced the content of other initiatives, DACA included) have been touchstones for discussion since their introduction. Anyone facing immigration consequences should be aware of what DACA actually states.

The History of the DREAM Act

The Development, Relief and Education for Alien Minors (DREAM) Act was first introduced in 2001. The original bill would introduce a set of criteria for undocumented minors to meet, after which they would be granted conditional residency, and later on, permanent residency if all qualifications were met. Various characteristics that applicants would be required to possess include the following:

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 Posted on November 03, 2015 in Personal Injury

An awful story came to light recently involving a car, a keyless ignition, and an innocent elderly couple. The couple's 2013 Lincoln MKS was left running in their attached garage, and by the time their home carbon dioxide alarm alerted them, it was too late.

A lawsuit has been filed and it cites several cases in which drivers had inadvertently left their vehicles running inside enclosed garages. The buildup of toxic odorless carbon monoxide gas seeped into homes and, in the case of the elderly couple, proved deadly.

Although a relatively new convenience, keyless ignition systems are available on several new cars sold throughout the United States. These systems allow drivers to start a car with the press of a button while their electronic "key fob" remains in their pocket or pocket book. A car will not start if the key fob is not detected inside the vehicle. However, what has emerged as somewhat of a defect is that once the vehicle has been started, these systems allow to the vehicle to continue idling even though the fob is no longer in the car.

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 Posted on October 30, 2015 in Personal Injury

When a loved one dies too soon, the emotional and financial effects can last for the rest of your life. In Illinois wrongful death suits, the next of kin have the opportunity to collect compensation for the loss of their loved one.

What You Can Recover

While money will never bring back or replace a loved one, it can help ease the financial burden, and it is the only way the law can try to right the wrong that was done to you and your family.

Wrongful death suits may allow the surviving family members to collect damages for:

• Funeral expenses;
• Lost wages;
• Loss of companionship;
• Grief; and
• Mental suffering.

The law is setup so that only the personal representative of a deceased person’s estate can file a lawsuit. Any damages collected are paid out to the next of kin in accordance with state law or any estate plan. The personal representative is often a close family member. Most estate planning documents, such as wills and trusts, will nominate someone to serve as the personal representative.

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 Posted on October 28, 2015 in Immigration

Many who seek to come to the United States, either permanently or temporarily, seek the right to work in order to support themselves. However, depending on the type of visa one holds, he or she may or may not be able to do so. An employment authorization document (EAD) must be obtained.

There is a fair amount of misinformation surrounding employment authorizations, and it is imperative that you, as an arriving immigrant, understand the truth.

Who Needs an EAD?

Holders of immigrant visas generally do not require an EAD in order to work. Lawful permanent residents (or ‘green card’ holders, the most common immigrant visa holders) may work by virtue of their Alien Registration Card. Non-immigrant visa holders do not require EADs to work if they are employed by the program that brought them to the country. For example, an F1 student seeking on-campus employment for less than 20 hours per week does not require an EAD. Refugees and asylees must also have an EAD in order to work, although employment authorization is almost universally granted at the time asylum or refugee status is conferred upon the person.

There are some non-immigrant visa holders who are required to have both an EAD and a Labor Certification, issued by the Department of Labor. Many mistakenly believe that the two are the same; however, they are in fact very different. An EAD grants the right to work, while a Labor Certification merely certifies that there are no more qualified applicants for a specific position, allowing the green card or non-immigrant visa petition to go forward. The EAD is also not employer-specific, while a Labor Certification must be re-applied for if a holder switches employers.

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