Posted on October 07, 2015 in Immigration

There has been much ink spilled regarding the definition of a refugee under United States law, and who fits it in this day and age. There is a difference between a refugee and an asylee, although many use the terms interchangeably. It is imperative to understand which category you fit in, or if you fit both categories, which one better applies to your situation.

Refugee vs. Asylee

There are two primary differences between the two statuses; however, there are many similarities as well. Both refugees and asylees fear persecution if they return to their home country, based on one of the five criteria listed in the 1951 Geneva Convention (race, religion, political opinion, nationality, and membership in a particular social group). The differences, however, lie in procedure and in the question of potential immigration status.

Procedure wise, there is one main requirement that varies for refugees and asylees. To apply for asylee status, you must be in the United States, and you must qualify under the Geneva Convention criteria as having a well-founded fear of persecution if you were returned to your home country. Generally, asylum applicants must file their applications within one year of their entry into the United States.

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 Posted on October 04, 2015 in Family Law

Throughout the United States, it is required across the board that all parents have an obligation and duty to care for their children while the children are under the parents’ care. Part of that obligation and duty extends to all parents, not just the custodial ones, where regardless of the relationship that the noncustodial parent has with the child, there is a requirement that the child’s welfare be paid for. Child support was one way to ensure that regardless of the involvement of parents, children (in theory) would have the basic necessities to thrive, even if there is only one parent around.

No Parental Obligation throughout All 50 States to Support Adult Children with a Disability

Unfortunately, it is not a requirement in all 50 states that support be maintained for non-minor children who have a disability. The purpose of child support was to support children who are unable to support themselves. Until children are 18, they are considered minors and the law dictates choices are made for them by their guardians. However, with children with disabilities, depending on the severity of the disability, just because he/she becomes an adult, does not mean that he/she would be able to support him/herself without additional care.

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 Posted on September 29, 2015 in Family Law

After a divorce, the parties involved finally feel they are able to focus on who they are as individuals, now that the couple has ended. Largely, the shift from a couple to an individual creates a sense of renewal, and for many divorcees it may mean buying a new car, getting a new job, or moving to a new town (largely to put a little distance between the ex-spouses). Parental relocation can have significant effects on the children who are caught in between the life they once had as a child of the couple, and now the child of two individuals. Relocation can have a negative impact on children as not only are they dealing with the major life change of their parents separating and not living under the same home, but relocation could mean a new home, a different community, a different school, and new friends.

The Amendment to Parental Relocation

Relocation has always been a significant issue in child custody battles as the courts evaluate, in a joint custody situation, the best interests of the child. Generally, however, the moving parent may still receive visitation and communication rights, but the ability to relocate the child is under the microscope and at times, not permitted. The newest update to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides a broader, more relaxed approach to parental relocation by reviewing several factors before ascertaining that a parent loses residential custody of their child.

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 Posted on September 29, 2015 in Personal Injury

Sometimes, if you have been injured in a car accident, you will be required to get an independent medical examination (IME) as part of the insurance claim process.

While you have a right to be treated by a qualified medical professional of your choosing, you may need to be examined by a physician, or other medical professional, who does not know you. There can be some pitfalls in having an IME. These can make it more difficult to get the fair compensation you deserve.

The Purpose of an IME

IME’s may be conducted before a lawsuit is filed, as part of the insurance claim process, or after a lawsuit has been filed. Insurance companies have an interest in making sure they do not pay out more for a claim than is proper. Under both the Federal Rules of Civil Procedure and the Illinois Code of Civil Procedure, defendants in personal injury cases have a right to request that the plaintiff who is seeking compensation for his or her injuries submit to an IME.

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 Posted on September 29, 2015 in Personal Injury

While most car accident cases are settled long before they ever go to trial, the better you understand the trial process the better prepared you will be to work with a lawyer to get the compensation you deserve. Sometimes, the only way to get an insurance company to pay up is to take a case all the way to trial.

What Happens Before You Get to the Courtroom

While every case is different, typically there will be a lot of build up before a case goes to court for a trail. Usually, both sides try and negotiate a settlement. Because you only have a very short time to bring a lawsuit for a personal injury, if negotiations are slow, often a lawsuit will be filed to both help protect your rights and to pressure the other side into offering a reasonable settlement.

Even after a lawsuit is filed, it does not mean a case is going to trial. A judge may encourage the two sides to continue to try and settle the dispute. Lawyers for both sides will exchange discovery. This may include everything from medical records to police reports.

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 Posted on September 25, 2015 in Personal Injury

No matter how experienced of a driver you are, when you get into a car accident you get rattled. Accidents often happen so suddenly; hence, it can be difficult to initially figure out what happened. After every car accident, no matter how small, there are five steps you should take to help keep you safe and to protect your rights.

1. Stop and Stay at the Scene

Leaving the scene of a car accident without first exchanging information and checking on the other driver is a crime. No matter the circumstances of the accident, you will always be better off by performing your duties as a driver.

2. Record Information

Immediately following an accident your adrenaline is increased and you may be in a state of shock. If you are able to safely move, making sure you have the information for any drivers involved in the accident is important. Even if you are a passenger, before you leave make sure to get contact and insurance information. This will make filing a claim easier. Write down the information on a piece of paper, or put it in your phone.

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 Posted on September 23, 2015 in Immigration

When an individual is convicted of a criminal offense, he or she will likely want the situation over and done with as soon as possible. However, the consequences of conviction unfortunately tend to linger. Nowhere is this more apparent than in dealing with immigration authorities, especially since myths abound about the consequences for one’s immigration status after conviction. It is imperative, however, that you do your research, and are aware of what you may potentially face if convicted.

Myth: Only a true conviction and being sentenced after a full trial counts as a conviction for immigration purposes.

False, unfortunately. United States Citizenship and Immigration Services (USCIS) guidelines state explicitly that a “conviction,” for immigration purposes, is defined as a “formal judgment of guilt entered by a jury.” However, there are other outcomes that count as a formal judgment of guilt without going through a trial—for example, a judge finding the suspect guilty (instead of a jury), a suspect pleading nolo contendere (“no contest”) or otherwise confessing.

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 Posted on September 21, 2015 in Family Law

Child custody has been one of the sections of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) that has changed throughout the last several decades. This is because gender roles and responsibilities have shifted, thereby shifting the conventional understanding that it is the mother’s responsibility to care for the children, and the father’s responsibility to support the family financially. Today, there is an increasing trend towards co-parenting, especially when a divorce has been issued; the emergence of stay-at-home dads and the studies that show that two parents is better than one have led to the revolution of the joint custody. No longer is it the presumption that it is in the best interest of the child to have his/her mother as the custodian, but studies have shown that a child is significantly less affected by the divorce and its impact when both parents remain active in the child’s life.

Move from Joint Custody to Co-Parenting Responsibilities and Decisionmaking

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 Posted on September 18, 2015 in Personal Injury

New safety features continue to make cars safer than ever; however, people are still injured in car accidents every day. In Illinois, most accidents are caused by one of the three D’s: distracted driving, drowsy driving, or dunk driving.

Distracted Driving

The term distracted driving is often used to describe people who text and drive. While texting is deadly when combined with driving, there are several other distractions that cause thousands of injuries each year. These distractions include:

• Changing the radio station;
• Talking to passengers in the car;
• “Rubber-necking” or looking at the scene of an accident as you drive by; and
• Eating while driving.

It is impossible to list all of the ways drivers become distracted and end up causing a car accident. Still, any activity that takes your focus away from the road, even for a second, is too dangerous to combine with driving.

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 Posted on September 16, 2015 in Immigration

Sometimes, in haste to help a valued employee relocate between branches or to begin a new job in a new country, employers can be a little too zealous in their application for that worker’s visa. Whether by mistake or by design, there are numerous small errors often made by employers in trying to get their workers into the United States. Therefore, it is important that employers be aware of these mistakes.

Making the Foreign National Pay Costs

Employers are prohibited under Department of Labor (DoL) regulations from making the prospective foreign worker pay any costs associated with his or her visa application.

20 CFR 655.731(c)(9)(C) states that wages may not be deducted (preemptively or retroactively) to recoup their “business expense”, naming specifically attorney fees and visa processing fees as expenses that fall under this regulation. If an employer tries to recoup these costs, they may face a full-blown audit from DOL.

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