Détente in Our Time: The Thaw in Cuban and U.S. Relations

 Posted on February 17, 2015 in Immigration

In recent months, a remarkable phenomenon has been taking shape. For the first time since 1961, there will soon be a United States diplomatic mission in Cuba, and a thawing of relations between the two countries. President Obama has sought to normalize diplomatic relations in the hope of accomplishing several domestic goals. While many are excited about this turn of events, it has many Cubans and those of Cuban descent worried: what will change, if anything, regarding immigration? Will cases in progress be halted or changed, with requirements for visas likely changing?

The Cuban Adjustment Act

Unlike most people who attempt to enter the United States, Cubans have been the beneficiaries of some specific legislation due to the situation in their home country. The Cuban Adjustment Act (CAA) is the most well-known, enacted in 1966 to ensure Cubans fleeing the Castro government had a safe haven.

The CAA states that any Cuban national or citizen who enters the U.S. (1) with inspection, (2) is physically present in the U.S. for more than one year, and (3) is otherwise admissible to the United States (that is, not having a criminal record or any other factor rendering one inadmissible) falls under the act. The CAA permits Cubans to apply for permanent residence after having been present in the country for one year, unlike other nationalities that must wait for processing—often a decade or more. The rules against being a public charge and entering at an official port of entry also do not apply to Cubans.

There is also what is referred to as the “Cuban lottery,” or Special Cuban Migration Program (SCMP). The Cuban lottery is available to all adults between the ages of 18 and 55 who live in Cuba, irrespective of their eligibility for other immigration options. The last registration period was in 1998, however, with no plans currently to hold another one.

The Reality on the Ground

Despite such marked upheaval likely to occur soon, if someone is already in the process of obtaining their visa or a grant of asylum, nothing is likely to change for them. Even people who have not yet begun the visa process may still be able to immigrate under the CAA and other assorted legislative acts meant to benefit Cubans. Congress is “not likely to alter” the CAA without serious concessions made by the Castro government in the name of transparency and human rights.

However, there is one wrinkle that might prove problematic for Cubans attempting entry into the U.S.: Section 235 of the Immigration & Nationality Act (8 USC §1225) lays out the requirements for expedited removal of those who do not have valid papers, but §235(b)(1)(F) expressly excludes nationals of “countries in the Western Hemisphere with whom the United States has no diplomatic relations.” The only country that fits that description currently is Cuba. In other words, though the CAA may remain in effect, it would no longer be possible for Cubans to simply show up at American ports of entry without documentation and not face expedited removal. They would have to enter with a valid visa and overstay in order to qualify under the CAA.

An Immigration Attorney Can Help You

Even if the opening of Cuba may be exciting for many, it can still cause issues and problems for others. If you or a loved one may have your circumstances change as a result of re-established diplomatic relations, you may need professional assistance. The Chicagoland immigration attorneys at Mevorah & Giglio Law Offices are experienced in the field, and happy to work with you. We work hard and keep our clients in the loop every step of the way. Contact us today to discuss your options.

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Accident on I-57 Causes Chemical Spill that Threatens Hundreds

 Posted on February 16, 2015 in Personal Injury

An overturned tractor trailer shut down I-57 near Champaign recently after it spilled hazardous chemicals. A tractor trailer carrying the chemical Dimethylaminopropylamine—a flammable chemical used in cleaners and shampoo—jackknifed in the snowy conditions on Interstate-57. The driver was cited for driving too fast when changing lanes. When the truck jackknifed the tanker became unattached and slid into the center median of the highway. The resulting spill caused dangerous vapors to enter the air. Once the spill was contained, more than 100 homes were evacuated in the nearby area as the wind carried the dangerous vapors. Transporting Hazardous Materials Because of the risks involved in transporting hazardous materials, companies and transportation providers must meet higher insurance, safety, and licensing requirements as the state and federal level. The Hazardous Materials Transportation Act is the federal law that governs the transportation of hazardous materials. Big rigs that carry hazardous materials are required to carry $5 million in insurance coverage—a far cry from the $750,000 retirement for regular trucks. Illinois incorporates by reference most of the federal requirements for hazardous materials transportation, with the exception of fuel tank packaging. Truck accidents involving dangerous materials exacerbate the dangers normally associated with these types of crashes. Not only are fellow drivers, pedestrians, and communities at risk of the typical accident-related injuries and property damage, but even more catastrophic injuries caused by exposure to toxic substances, fire, and burns may result. Trucking accidents involving hazardous materials can be caused by the usual suspects:

• Truck drivers going too fast;

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The Newest Factors that Can Affect Child Custody in Court

 Posted on February 13, 2015 in Family Law

Legal and physical child custody generally hinges on the decisions of a court. A court will listen to both parents and the relationship that each has with his or her child in question, and will additionally balance a variety of family factors to determine what is in the best interest of the child.

The Best Interest of the Child in Illinois

The following are several factors that a court will weigh and assess in determining what type of custody arrangement is in the best interest of a child:

• The ideal arrangement for each parent;
• The ideal arrangement based on a child’s wishes;
• The relationship and interaction between and among a child, his/her siblings, each individual parent, and any other relative who interacts with the child;

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Being Injured in a Car Accident Can Raise Insurance Premiums

 Posted on February 11, 2015 in Personal Injury

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Section 204(L): The Surviving Relatives’ Law

 Posted on February 10, 2015 in Immigration

Before 2009, it had been the stated policy of the United States Citizenship & Immigration Services (USCIS, formerly INS) that if a petitioner died while his or her family member’s petition was still in process, that family member had to begin the process again, going back to their country and waiting even longer than he or she already had to immigrate. A change to the Immigration & Nationality Act (INA) made that no longer the case, and yet so many people still misinterpret and wrongly state the law.

Section 204(l)

Section 204(l) was added to the INA officially in 2010, with the express purpose of making it easier for those already in the process to continue. Previous controlling immigration decisions had simply chalked up anyone who had to start over as a casualty of time. Section L states that certain immigrants with a “qualifying relative” who passed away before the alien’s priority date may have their petition approved, providing they meet certain criteria. The criteria are:

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Vehicle Fatalities Dropped in Illinois in 2014

 Posted on February 09, 2015 in Personal Injury

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Vacation or Abduction? When an Ex Wants to Take Your Child Abroad

 Posted on February 06, 2015 in Family Law

In our increasingly connected and globalized world, exposing our children to international travel, language, and culture is extremely beneficial to their development and teaches them adaptability. Making the decision to go abroad, whether for a short time or for a longer duration, can be an already difficult decision. It can become impossible if you are a divorced parent who shares custody with your ex-spouse and there is little to no trust between you too.

Traveling Abroad: Preliminary Matters to Discuss and Consider

Taking a child abroad (or letting an ex-spouse take a child abroad) can be extremely difficult, especially when the post-divorce relationship between parents is acrimonious. The biggest concern may be present when one of the parents is from another country and would like to bring the child abroad to visit his or her family, but the other spouse is worried that his or her spouse may abduct the child. What can divorced parents in this situation do to assuage each other’s concerns about the motives of the other?

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Sleepy Truck Driver Causes I-74 Accident

 Posted on February 04, 2015 in Personal Injury

A tractor-trailer jack-knifed in the early morning hours on Wednesday, January 21, 2015. The truck driver dozed off at the wheel and caused an accident in the eastbound lanes of I-74 west of Tilton. The Freightliner veered off into the right shoulder of the interstate and when the driver overcorrected in the opposite direction, the truck jack-knifed and fell on its side, blocking both lanes.

Illinois Truck Accidents

In its 2012 Traffic Safety Data Report, the U.S. Department of Transportation reported that 333,000 large trucks (i.e. tractor trailers or semis) were involved in accidents in the 2012. Nearly 4,000 people were killed and 104,000 were harmed in accidents involving large trucks. Most of the victims in these fatal car accidents were the drivers of the other vehicles. And of the almost 4,000 people killed in these accidents, 73 percent were in other vehicles—only 18 percent were in the large trucks. The number of fatalities and overall accidents involving large trucks increased from the previous year.

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What as a Bar to Re-entry?

 Posted on February 03, 2015 in Immigration

When someone enters the United States without inspection, he or she may be arrested and deported. Afterward, the individual must wait to re-enter the country for a specific period of time, lest he or she face consequences. Many people confuse this “re-entry bar” with the bars against permanent residence. It is extremely important for potential immigrants to understand the difference between the two, lest they make a mistake that leaves them on the outside looking in—permanently.

After Removal

When you are granted a visa to enter the United States, it will have a specific expiration date of which you must abide. If you do not, and you are caught, you will be issued an Order of Removal. A final Order of Removal means that you are not being granted any form of immigration relief, and gives you a specific time frame in which to leave the country. You may be granted voluntary departure, which allows you to leave without being compelled and no bar will be assessed against your return. However, you may not be—and if you are not, you will have some time to wait before you are permitted to apply for re-entry into the United States.

Those who are not granted voluntary departure must wait out a bar before they can try to obtain a new American visa, unless they can obtain a waiver. Temporary bars are five, 10 and 20 years, depending on several factors. The Immigration & Nationality Act (INA) generally states:

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Safety Tips for Winter Motorcycle Riding

 Posted on February 02, 2015 in Personal Injury

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