Posted on January 29, 2015 in Immigration

The word ‘quota’ has an ugly past, especially in the context of visas. In years past it was used as a bludgeon with which to deny safety to people in need. Today, there are more exceptions and protections for those truly in need, while visa quotas are reserved for those not in immediate danger. Still, there is a lot of misinformation about how the yearly caps work. If you are planning to apply for certain categories of visas, you must understand how the quota works lest you inadvertently disqualify yourself.

Family-Based Immigration

There are two classifications for visas available to those attempting to immigrate via a family-based petition. The first is for immediate relatives of U.S. citizens such as parents, children and spouses. There is no quota limit in force in this category. The second is for what are called preference categories—non-immediate relatives or people who are the wrong age to apply themselves (such as the child of a non-immigrant visa holder who is in the process of adjusting status).

For the second classification, the Immigration and Nationality Act (INA) allows 226,000 family-based visas to be granted per year. However, it is important to note that this is a minimum, not a maximum. The statutory wording refers to “at least” that amount being issued. The number actually issued each year varies. It is arrived at by subtracting the number of immediate relative visas and paroled immigrants from 480,000, and adding the number of unused employment preference visas.

Congress attempts to seek balance in nationality and also relationship to ensure that not too many of one category are permitted entry in any one year. Per-country ceilings are established under the INA that mandate that any given country may not exceed 7 percent of the number of permanent immigrants in a given year. This is not to restrict solely for restriction’s sake, but to ensure that no country dominates the number of visas granted each year. Such a thing would become a fairness issue.

There are four categories of preference for family-based petitions. They are:

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 Posted on January 28, 2015 in Personal Injury

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 Posted on January 27, 2015 in Family Law

In Illinois, couples may decide to divorce either by claiming that a divorce is fault-based or no fault-based. A no fault divorce basically provides that there are no specific reasons for which a couple may decide to divorce, other than their desire to separate. However, there are fault-based reasons by which a spouse may use.

Fault-Based Grounds for Divorce in Illinois

The following are the fault-based grounds for a divorce in Illinois:

• Impotence throughout the marriage;
• The spouse was already married at the time of the second marriage;
• Adultery;
• Habitual drunkenness for two years;
• Use of addictive drugs for period of two years;

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 Posted on January 26, 2015 in Personal Injury

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 Posted on January 22, 2015 in Immigration

In most states of the union, undocumented immigrants are not able to obtain a driver’s license. They are, indeed, not supposed to be driving on American highways. However, the reality is that immigrants are here. They work. And not everyone has access to public transportation. Undocumented immigrants will drive, and in Illinois and nine other states, plus Puerto Rico and the District of Columbia, steps are being taken to regulate it.

The Pros

There are multiple advantages to accepting the reality of undocumented drivers and reacting accordingly. First, when people obtain driver’s licenses, they are part of the system, so to speak. This means they are being regulated—by the need to purchase auto insurance, and by the need to obey traffic laws. When California initiated its program to grant licenses to the undocumented in 2013, it had the full backing of major insurance players in the state—the requirement to carry insurance makes people more careful on the road, and fewer uninsured and unlicensed drivers means a smaller burden on our already-overworked court system.

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 Posted on January 21, 2015 in Personal Injury

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 Posted on January 20, 2015 in Family Law

At the end of a marriage or relationship, it is normal for there to be feelings of hurt, anger, frustration and hate. Generally, people who are dealing with these feelings find ways in which to vent out these negative feelings so that one day they may piece themselves together and hopefully find happiness, whether in themselves or later with another. Part of the venting may take place through friends, family, a therapist, and/or social media. However, what one vents out onto social media may have a serious and criminal effect on a person’s future.

The Crime of “Revenge Porn” Nationwide

In only a couple states has there been drafting of regulations against what has become known as “revenge porn.” California was the first state to pass legislation and convict someone for “revenge porn.” Illinois finally passed its own specific legislation, criminalizing the trend. Governor Pat Quinn signed into law in the last few days of December the revenge porn legislation categorizing the crime as a felony under Illinois law.

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 Posted on January 19, 2015 in Personal Injury

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 Posted on January 15, 2015 in Immigration

While the United States has had its differences with the leadership of the United Nations (UN), she has also been a signatory to several groundbreaking treaties. One of them is the U.N. Convention Against Torture (CAT), signed in 1984 and ratified 10 years later by the U.S.A.

The language of this convention has allowed some people to claim a form of immigration relief in the United States—yet it is still misunderstood and misinterpreted. An individual who does not qualify for asylum may still qualify for CAT protection.

The Convention in U.S. Law

CAT relief is perhaps best suited for those who specifically fear being tortured, rather than those with a generalized fear of future persecution. Not all forms of persecution qualify as torture. The standard is actually higher than the one for asylum. In an asylum case, you must show credible fear of future persecution. However, in CAT cases, you must show it is “more likely than not” that you would be tortured upon return to your home country.

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 Posted on January 14, 2015 in Personal Injury

Have you been in a car accident caused by someone driving in a vehicle provided by his or her employer? Were you injured in the accident? If so, you may have a claim against the employer. In Illinois, an employer may be liable at law for the actions of their employees, which includes car accidents. For instance, when an accident is caused by someone who is driving an employer-provided vehicle, the employer may be liable under respondeat superior.

Respondeat Superior

Respondeat superior is a legal doctrine that holds an employer responsible for the wrongful acts of an employee. An employee is a worker over whom the employer has a certain amount of control. If an employee/employer relationship exists, the employer may be liable for the actions of the employee.

Liability arises when an employee acts within the scope of the job duties outlined by his or her employer. In essence, if an employee acted within the scope of his or her employment, the employer may be liable for injuries sustained by others due to the employee's actions. Illinois courts have interpreted "within the scope of employment" in many different ways. Thus, it is important to work with an attorney in the event of an accident.

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