Posted on December 11, 2014 in Immigration

In very rare circumstances, someone who is inadmissible to the United States will need to enter anyway. He or she may require medical attention that is only available in the U.S., or something might have happened in his or her home country that mandates immediate flight. In those unusual situations, United States Citizenship & Immigration Services (USCIS) may grant a rarely-used status called humanitarian parole.

For Emergencies Only

Humanitarian parole is often discussed in the context of asylum and refugee law, though it is not technically an immigration benefit. It stems from the discretion of USCIS officials under Section 212.5 of the Immigration & Nationality Act (INA). Section 212(d)(5)(A) states that immigration officials may parole an immigrant into the United States for certain specific reasons. These reasons include:

Continue Reading ››

 Posted on December 10, 2014 in Personal Injury

Dangers on the road exist year round, but are most apparent in the winter months. Winter weather, such as snow, ice, slush, freezing rain and sleet, can make road conditions treacherous—sometimes with little to no warning. These conditions can make traveling during the winter months particularly challenging and require more careful driving on the roadways. In fact, the Chicago area, as well as other areas in the state of Illinois, have already experienced significant winter weather this season. A recently published local news article points out several accidents that resulted from the dangerous conditions.

Dangerous Road Conditions

The recent winter weather in the greater Chicago area caused icy road conditions that were likely responsible for multiple car accidents that recently occurred in the area. At least one person was hospitalized during this stretch of accidents. Most of the accidents occurred on a three-mile stretch of roadway on Interstate 474 where a sheet of ice covered the road. In other areas, officials made the decision to temporarily close portions of roadways due to conditions, cars sliding into ditches, and the fact that accidents had already occurred at the locations in question.

Continue Reading ››

 Posted on December 08, 2014 in Personal Injury

During the holiday season, it is especially important to maintain an extra awareness while driving. Traffic increases on the roads, around shopping centers, and in parking lots as people prepare for the holidays. In fact, it is reported that "roughly 13 percent of car accidents occur in parking lots." Additionally, dangerous winter weather can compound matters and make driving conditions even more challenging.

However, a recent article offers some well intended advice to drivers if involved in a fender bender this holiday season.

What to Do When Involved in a Crash

Most drivers are in involved in some type of accident at one point in their lives, and even minor accidents can be costly. Whether an individual is involved in a minor accident or one in which severe injuries are sustained, several basic principles hold true. Also, it is wise for anyone who is involved in an accident to consult with a personal injury attorney.

Continue Reading ››

 Posted on December 05, 2014 in Immigration

In late November, President Barack Obama announced the enacting of a sweeping initiative on the subject of immigration. This had been in the works since mid-summer, when immigration reform came to the forefront of the nation’s political discussions after a large influx of unaccompanied minor children from Central America were admitted at the country’s southern border. Congress was unable to pass a bill in the months following, and given the current mood of the electorate, President Obama has seen fit to announce his plan, to be enacted via executive order.

Three Main Goals

In his primetime speech to the country delivered on November 20, the president stated that his plan has three major goals that he hopes to accomplish. The first is improving border security. The situation at our borders, especially in the south, is difficult for both Border Patrol agents and those attempting to enter. Drug-related violence in particular is endemic, with the U.S. side experiencing what the Washington Office on Latin America calls “some of the world’s highest levels of violent crime.”

Continue Reading ››

 Posted on December 02, 2014 in Family Law

Child support is extremely important after the split of a couple. Generally, child support is either outlined within an agreed-upon divorce settlement decree between the couple, or it is ordered by the court based upon certain factors such as income and the extent of custodial responsibility between the parents.

Too often, however, some parents may evade their responsibilities to their children and voluntarily choose to not pay the required child support amount. In this situation, Illinois allows for wage garnishment, a process by which the parent’s wages are reduced by a certain amount until his or her dues are paid.

Income Withholding for Support Act

Illinois has set in place the Income Withholding for Support Act with the purpose of ensuring that child support and the needs of the child outlined by court orders and divorce decrees are honored. While skipping town may be one “sleuthy” way in which a parent may avoid the periodic payments, if the court can find where he or she works, then the court may take out the child support payments from his or her salary or bank account. This is known as wage garnishment.

Continue Reading ››

 Posted on December 01, 2014 in Personal Injury

Technology is changing at such a rapid pace that it may seem as though advancements are made every day. The convenience of cell phones, computers, and GPS devices are just a few examples of ordinary items that were once figments of peoples' imaginations a handful of decades ago. And when put into perspective, it is interesting to think what developments are being made today that we, as a society, will incorporate into our lives 20 or 40 years from now.

One such advancement, not yet widely used, is the autonomous car. As a recently published article notes, there are many advantages to employing the use of such technology. This technology may raise questions, however, about liability in the event of an accident.

Advantages of Self-Driving Vehicles

Robert William Kingett, author of the above-referenced article, points out the many benefits to using an autonomous vehicle, both on the individual level and for the public at large. Not only does an autonomous vehicle provide another option for transportation, it could also specifically cater to those with a disability or other health issue.

Continue Reading ››

 Posted on November 26, 2014 in Immigration

Being detained by Immigration and Customs Enforcement (ICE), or another law enforcement agency, can be one of the most terrifying experiences during a person’s life. An individual may feel powerless and frightened, and it is made worse by the fact that many times, for reasons of bureaucratic short-staffing, neglect, or simple xenophobia, detainees are not advised properly of their rights.

If you are detained, it is is absolutely imperative that you know your rights, especially if you have family who may soon be in the same position.

Arrested by ICE

If you are arrested or detained by immigration personnel, your rights are fairly clear-cut, based on statutory law and case precedent. The most important factors to remember are to not discuss your immigration status without an attorney present, and to not sign anything offered unless an attorney is present. While the majority of immigration officers are honorable, there are some who value expediency more than protocol, and it is not unheard of to force detainees to sign papers that concede their removability before they are even able to see a judge.

Continue Reading ››

 Posted on November 24, 2014 in Personal Injury

Traveling by any means of transportation includes safety risks, but some modes are more dangerous than others. Transportation by foot, motorcycle, or bicycle carries its own set of specific risks, especially when compared to traveling by or among vehicles. Riders and walkers who find themselves in an accident with a car are often met with devastating results. These statistics are likely especially apparent in larger cities where alternative means of transportation are more common, and there are more people traveling on the streets. According to a news article recently published, Chicago is evidently no exception. The state of Illinois as a whole ranks among the top states for bicycle deaths in the United States.

Bicycle Fatalities

In a report released October 27, 2014, the Governors Highway Safety Administration revealed that Illinois is among the top states for bicycle deaths. The finding was part of the Administration's Spotlight on Highway Safety Bicyclist Safety report and had Illinois ranked fifth in the nation for highest number of cyclist fatalities. Further, the report found that the total number of bicycle deaths is on the rise, with the numbers increasing by about 16 percent between the year 2010 and 2012. The most recent data was compiled using numbers from 2012. Between 2010 and 2012, the state of Illinois reported a total of 80 bicycle-related deaths. In the year 2010, 24 fatalities were reported, 27 were reported in 2011, and 2012 saw 29 such tragedies. The data was based on the Fatality Analysis Reporting System and the numbers were then reported by the Insurance Institute for Highway Safety.

Continue Reading ››

 Posted on November 24, 2014 in Family Law

With the status quo of “traditional” families being amended to include the increasingly more common combinations of families that are now present in American society, certain laws in Illinois are still championing the role of the “traditional” family. One of the most recent laws, which affects the rights of married and unmarried fathers and their relationships with their biological children, creates a double standard that espouses the married, but divorced father, over the rights of the unmarried, biological father.

Recent Case Designating the Double Standard

In a recent case, the Illinois Supreme Court reviewed the standard and burden of proof that would be applied to the biological father regarding his visitation rights with his biological child. In this case, a woman, who was married, had a one-night stand with another man. As a result, she became pregnant and gave birth to a child. The law creates a rebuttable presumption that any child that is begot from a marriage is the child of the husband. In this case, the husband, who was not the biological father, was presumed to be the biological father of the child and paternity was designated to him. The man from the affair, after seeing photos of the child posted onto a social media site, noted similarities between him and the child, and paternity was established between him and the child. The husband, who had been presumed to be the father of the child, later divorced the woman.

Continue Reading ››

 Posted on November 19, 2014 in Immigration

When a U.S. citizen or Lawful Permanent Resident (LPR, or green card holder) wants to bring a family member to live with him or her, there are pitfalls and paperwork that may lie ahead. Certain common problems can occur between application and receiving one’s green card. Therefore, it is important to be prepared and informed.

The Death of a Sponsor

One of the most difficult and frightening situations that a potential immigrant can face is when his or her sponsor—the U.S. citizen or LPR vouching for the individual to be able to enter the U.S.—passes away before the petition is approved. Formerly, if this occurred, it meant that the petition was, for all intents and purposes, dead. However, after some reform, there are options to save time and effort.

Continue Reading ››