Debunking the Myths about Undocumented Immigrant Children

 Posted on September 03, 2014 in Immigration

With the current surge of undocumented minors surrendering themselves to the Customs & Border Patrol (CBP) at the United States’ southern borders and their very real needs, there comes a host of misinformation. Pundits and other media personnel have made comments that not only do not promote understanding, but actively spread inaccuracies to the general public. For the sake of current and future clients who may be in the same situation, we feel it is important to debunk some of the myths currently making the rounds.

Myth #1. All of the recent influx of undocumented migrant children will be allowed to stay in the United States—which is why they have not been deported yet.

False.

While some of the children will likely be allowed to remain—some will likely apply and qualify for Special Immigrant Juvenile status, and others will likely apply for asylum—President Obama is actively trying to speed up the repatriation of many. The 2008 William Wilberforce Trafficking Victims Protection Reauthorization Act holds that any undocumented minor from a non-contiguous country (that is, any country that does not directly share a border with the United States, such as Guatemala or Honduras) is entitled to a hearing before being repatriated.

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How Often is Domestic Violence Occurring?

 Posted on September 03, 2014 in Family Law

In just the first three months of 2014, it happened over 36,000 times. In 2013, it happened over 177,000 times. What are these statistics referring to? Domestic violence.

Illinois takes domestic violence seriously, and the Illinois Domestic Violence Act gave victims a tool to help combat abuse and separate from their spouse. Orders of protection can make an abuser take (or not take) a number of actions that will help ensure the safety of the victim, their loved ones, and their property.

Who Can Get an Order of Protection?

There are two basic requirements that must be met before a person can obtain an order of protection. First, the person must have been abused. Second, his or her abuser must be a member of the family or household.

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Trucking Accidents: A Problem Across the Country

 Posted on September 02, 2014 in Personal Injury

There have been no shortage of news stories about devastating trucking accidents that have occurred locally, throughout the state of Illinois, and across the country. Many times, the results of trucking accidents are fatal; perhaps this is not surprising when considering the capacity and sheer size of a semi-trailer or big rig versus an average vehicle. A recent news article published by NBC News recounts various tragic truck accidents that have occurred in Illinois and in other states, as well as the need for public outcry to stop them.

National Statistics

According to the Federal Motor Carrier Safety Administration, fatal truck accidents occur, on average, about 11 times per day across the country. This amounts to about 4,000 deaths per year in addition to the over 100,000 people who are injured annually in truck crashes. Put another way by the article mentioned, those numbers equate to a plane crashing every week of the year, killing every person on board. And it appears the numbers are only getting worse.

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Preventing Accidents on Illinois Railways

 Posted on August 28, 2014 in Personal Injury

While car accidents may be unfortunately common in the United States, another major concern is present, especially in the state of Illinois. Accidents involving trains and on railways happen all too frequently in Illinois, due in part to the fact that the state has so many miles of track. According to a recent news article, preventing these devastating accidents has become a top concern for railway safety experts.

Rail-Safety Issues

Illinois is one of the few states across the country that must address rail-safety issues due to the numerous crossings present in the state along its many miles of train tracks. Illinois is among the top five states for most railway accidents and related deaths, according to a coordinator from Illinois Operation Lifesaver. Railway safety experts are focusing their efforts on Illinois since there is a higher chance of accidents happening involving trains within the state. They recently met to talk about risks posed by Illinois railways as well as discuss potential solutions for the thousands of railways crossings in Illinois that are located on private property.

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What Is Notario Fraud?

 Posted on August 27, 2014 in Immigration

Many immigrants, documented or undocumented, are in vulnerable positions when trying to come to the United States. Some are too poor for an attorney, but seek other ways to get help to stay legally. It is this situation that is ripe for exploitation by scam artists who call themselves notarios. It is important, if you are seeking immigration help, to not fall for their tricks, and to only pay or give information to people who have the authority to help you.

What Are Notarios?

While in Europe and Latin America the term “notary public” applies to a person who is qualified to represent individuals before a government, that is not the meaning of the term in the United States. Notarios use that linguistic confusion to prey upon immigrants who need help. They are people who lack any kind of legal authority in the U.S., but hold themselves out as “immigration consultants” or “visa consultants” in order to project an air of authority. They are, not to put too fine a face on it, con men who make a living preying on desperate immigrants. Sometimes, their lies can have long-term consequences, including damaging a potential immigrant’s prospects for genuine applications to be approved.

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If it’s a Boy, We Get Married? Babies, Gender Preference and Divorce

 Posted on August 27, 2014 in Family Law

A married couple finds themselves constantly fighting. They are unhappy with each other and unhappy with their relationship. Though they have considered a divorce, the wife is pregnant and the couple wants to try to stay together for the sake of their unborn child.  Just a few months later, the child is born. Will the gender of the baby have an impact on whether the couple stays together?

Just a few months ago, the answer might have been yes. In 2003, researchers found that parents of girls were more likely to divorce than parents of boys. The findings set off a firestorm, igniting debate about whether parents prefer boys and why a parent might choose to stay in a relationship for one child and not another. But recently, more data has come to light that seems to suggest that the gender of a baby does not cause a divorce­—the stress of an unhappy marriage causes the gender of the child born to the marriage.

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Back-to-School Safety Precautions for Motorists

 Posted on August 26, 2014 in Personal Injury

As summer draws to a close, one thing is for certain: back-to-school season is here in Illinois and in states across the country. While the summer months present unique safety concerns of their own, back-to-school time can be a particularly frustrating adjustment for motorists, who likely did not have to navigate roadways filled with buses or small children for the past few months. The Illinois State Board of Education (ISBE) issued a comprehensive guide on motorist safety with regards to school buses and other traffic issues presented by back-to-school time. Read on for tips on how to navigate some common scenarios.

Passing a School Bus

According to the ISBE, children are at the greatest risk when boarding or exiting the school bus. Children may become distracted, cross the street without warning, fail to ensure the road is clear before crossing, and may even be blocked from view by the bus as they attempt to navigate around it. In addition, many students likely expect traffic to stop for them while crossing the street at a bus stop.

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What to do When Injured in a Car Accident

 Posted on August 22, 2014 in Personal Injury

Being involved in a car accident is often a scary experience, especially in the first moments after the crash. This is usually true no matter the severity of the accident. However, when car accidents result in significant injury, feelings of anxiety and stress can be amplified. Not only is the time immediately following a car accident a critical one for the injured's well being and safety, but it can also be important for the future of any case that can be made against the at-fault driver.

Advice Following an Accident

Although it is often an emotional and confusing time, the minutes following a car accidents are also often crucial for the injured. While car accidents happen under different circumstances and sets of factors, it helps to be prepared with the following advice if you ever find yourself the victim of an accident.

Assess your injuries. If you are seriously injured in a car accident, do not attempt to move since trying to do so could make your injuries worse. It is usually a good idea to avoid much movement before your injuries can be evaluated by a paramedic, since some injuries may be harder to identify than others. However, it is important to always remove yourself from a dangerous situation that poses a risk of greater harm or death despite the extent of your injuries. Report all injuries to those on scene. This may include injuries sustained by passengers, the other driver or witnesses. If you are unsure about injuries, request an ambulance for an evaluation by a paramedic. Let the paramedics know about any and all pain you are experiencing when they arrive. Seek medical assistance. Go to the emergency room as soon as possible if you feel you are injured. Refusing to do so can not only affect your health, but may also affect your ability to successfully recover damages in the event of a lawsuit. Following up with your doctor about your injuries, as well as following his or her advice about any medical treatment, is equally as important. Be sure to complete any recommended treatment plan. Cooperate with police. Be sure the police are contacted after an accident and cooperate with them when they arrive on scene. Provide them with information about the accident and your injuries, but avoid saying anything incriminating. Report the accident to your insurance company. Do this as soon as possible, regardless of fault, to be sure your policy will cover your claim. Consult with an attorney before giving any formal statement to the opposing side or an insurance company.

Accident Injury Attorney

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Special Immigrant Juvenile Status: A Primer

 Posted on August 21, 2014 in Immigration

Much ink has spilled recently over the presence of thousands of undocumented children along the U.S.’s southern border. However, discussion seems to be focused on their right to be in the United States at all, and very few people are familiar with the path taken to stay here. A portion of these undocumented children will not have grounds to stay in the United States, but those who do may very well do so under Special Immigrant Juvenile (SIJ) status.

The SIJ program was originally designed to assist foreign children in the United States who had been abused, neglected, or abandoned by their caregivers (regardless of the citizenship of their caregivers). The program was passed in 1990 and revamped in 2008. Under the program, children who meet certain standards may be able to remain in the U.S. as Lawful Permanent Residents (LPRs).

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Pet Custody: A Bone of Contention

 Posted on August 21, 2014 in Family Law

A Carol Streams couple has been trying to divorce for two years. What is holding them up? It is not a dispute over who gets the house or whether spousal support should be paid. No, this dispute is all about their black Labrador, and who gets custody of him.

With 91 percent of pet-owning Americans agreeing that their animals are members of the family, it should come as no surprise that a bone of contention for some divorcing couples will be who gets the family pet. Unfortunately for animal lovers, family law courts do not seem to have the same feelings about Fido. Therefore, pet parents need to understand how the courts view pet custody, and must also learn what they can do to prepare themselves for a dispute.

How the Courts View “Petimony”

In the eyes of most courts, animals are not family members—they are pieces of personal property that should be equitably distributed along with the rest of the marital estate. Because personal property (like a toaster) does not have feelings and courts do not order visitation for this type of property, many judges have traditionally ruled the same way when it comes to pets.

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