Posted on July 25, 2014 in Immigration

When a non-citizen wants to visit the United States, they must first obtain immigration status by getting a visa. Over time, however, one’s status may change from non-immigrant to immigrant. A visitor might have entered the country as a student, for example, and then wanted to marry a U.S. citizen. Visas differ for these situations, and in light of this the immigrant would need to officially adjust immigration status before plans could go forward. Very often, it is helpful to hire a good immigration attorney to speed up the process.

Adjustment of Status

An actual adjustment of status is only for people inside the United States already. If a visitor wishes to enter the United States as a permanent resident instead of adjusting from within the country, they would file the application through the nearest consulate or embassy.

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 Posted on July 25, 2014 in Family Law

Illinois Law 

When a couple divorces in Illinois, in most cases, the non-custodial parent will be required to pay child support to the custodial parent. The law governing child support payments in Illinois is the Illinois Marriage and Dissolution of Marriage Act (“Act”). Under the Act, a couple can negotiate on their own what terms they want to work out for payment or, if the couple cannot agree, the court will arraign a structured payment plan that is in the best interests of the child or children.

Enforcement Mechanisms

Just because the court orders a parent to pay child support, it is not guaranteed that payments will be enforced or that the custodial parent will receive the money. The court does have mechanisms in place to collect payment, like garnishing the non-custodial parent’s wages.

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 Posted on July 24, 2014 in Personal Injury

Some drivers may see certain traffic laws as a nuisance or annoyance, such as parking ordinances or being ticketed for failure to come to a complete stop. While all traffic regulations and laws are likely put in place to promote the safety of drivers and passengers while traveling on the roadway, some regulations have a much more obvious impact on promoting safety and come with more serious consequences for their violation.

Traffic Laws

Laws relating to driving without a license often have serious criminal consequences if they are violated. Some drivers may have never obtained a license, while others may have had it suspended or revoked for various reasons. No matter why a driver does not have a valid driver's license, the fact remains that operating a vehicle without one is a crime.

It should be obvious that besides the need to regulate and keep track of drivers that are on the road, a state's licensing requirement also goes a long way in ensuring that those who are operating vehicles on the roadways are at least somewhat qualified to do so. In order to acquire a driver's license initially, all individuals are required to submit to a driver's test with a licensed instructor who will determine if the person operated the vehicle well enough to be granted a license. In order to keep that license, the driver must refrain from engaging in driving behaviors that would result in their license being revoked or suspended.

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 Posted on July 21, 2014 in Personal Injury

Most personal injury cases resulting from car accidents involve the legal concept of negligence. In negligence cases, a plaintiff attempts to prove that another party's carelessness caused them to suffer injury or other damage. In order to establish the concept of negligence, a plaintiff has the burden of meeting certain elements of the claim. These elements must be met in every case that asserts negligence as the basis of the legal claim, no matter what the facts may be surrounding the case.

Elements

Every negligence claim involves the same basic elements: an individual who had a duty of care breached that duty, which caused damages. These are the elements that must be established in every negligence claim, regardless of the facts giving rise to it. A plaintiff must establish that another person had a responsibility to avoid causing harm in the situation that led to the injury. The plaintiff will then need to show how that person breached their duty of care and also that their breach caused the plaintiff's damages.

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 Posted on July 18, 2014 in Personal Injury

Various car accident cases present clear evidence for which the driver is at fault for the crash. For example, rear-end collisions generally present a clear case that the driver who struck the vehicle in front of them is at fault for the accident, since he or she failed to leave a safe driving distance between the two vehicles. However, there are exceptions to this in cases where a driver's brake lights were out or the crash was caused by a chain reaction.

In other cases, establishing fault is not so easy. It is imperative to clearly establish fault in car accident cases, since the at-fault driver may ultimately be responsible for paying for any damages suffered as a result of the accident.

Both Parties at Fault

In some cases, both parties share the responsibility of causing the accident. If it is unclear who is at fault or if it is determined that both drivers contributed to the crash, then each driver will be assigned a certain portion of fault. Illinois is a comparative fault state, which means that according to state law, a person is prohibited from recovering damages if they are found to be more than 51 percent at fault for an accident. These persons will not be successful in pursuing a lawsuit against the other driver.

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 Posted on July 16, 2014 in Immigration

Sometimes, one meets the person they want to marry outside their home country. This scenario has become so common that there is a U.S. visa category specifically for that purpose. If you want to marry a U.S. citizen, you will need to obtain a K visa, and it is often very helpful to have an experienced immigration attorney on your side.

Qualifying for a K Visa

A K visa is actually classed as a nonimmigrant visa, though the effect is the same as immigration. It is issued, as a K1, for the specific purpose of allowing a foreign-born fiancé(e) to enter the United States and marry their U.S. citizen fiancé(e). Once the fiancé(e) has entered the country, they must marry, and then adjust status to become an LPR (Lawful Permanent Resident).

The only real eligibility requirement besides being legally able to marry (of age and not already married) is that the future husband and wife (or, in the case of same-sex couples, spouse and spouse, as current immigration law now allows same-sex couples to be treated in the same way as heterosexual couples for purposes of immigration) must have met in person sometime within the two years before the K1 petition was filed. However, there are exceptions to this rule; you will not be expected to have met if it would be alien to your fiancé(e)'s culture or religion, or it would cause undue hardship to you or him/her to do so.

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 Posted on July 16, 2014 in Family Law

What is Guardianship?

Guardianship is a court process that grants a non-parent legal custody of a child. Guardianship allows a non-parent to act in place of a parent to make decisions that will affect the welfare of a child. Guardians have to guarantee that the child receives food, clothing, and shelter, as well as an education and appropriate medical care.

Unlike with an adoption, a guardian can be appointed without having to end the birth parents’ rights over the child. The court has jurisdiction until the child turns 18 years old. The court has to rule out the options of adoption and of a possible permanent return of the child to the parental home before it will award guardianship. The child’s parents may agree to the guardianship. If the parents do not agree, they will be offered a chance to object to the guardianship in court unless their parental rights have already been taken away.

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 Posted on July 15, 2014 in Personal Injury

Even though it is now illegal to use hand-held mobile devices while driving in the state of Illinois, and despite the obvious dangers and staggering statistics associated with accidents caused by texting and driving, many individuals still choose to participate in the activity. Perhaps this is because the inclination to multitask is too strong, or the need for instant communication is too great. Or maybe it is because in spite of all the information to the contrary, drivers believe that they are somehow immune from being in a car accident caused by their distracted driving. A recent article discussed an initiative to stop texting and driving and offers suggestions on how to curb the impulse to do so.

Stop Texts, Stop Wrecks

It is no secret that the use of mobile devices while driving is dangerous, as is evidenced by the accidents caused by distracted driving, which result in injuries and even fatalities. The incidence of distracted driving seems to be rising with the popularity of cell phones and other devices. In fact, some research shows that texting while driving causes a risk of crashing that is 23 times greater than driving while not distracted.

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 Posted on July 10, 2014 in Personal Injury

Summer is here, and the warm weather allows many to enjoy all that these warmer months have to offer. Boat enthusiasts will surely take to the water to cool off and enjoy the sunny weather, and even participate in a variety of water sports. Many water activities will involve the operation and use of a boat. Unfortunately, not every boating experience is a fun one. If not operated properly, boats can be dangerous not only for drivers and passengers, but for anyone on the water at the same time. In fact, boating accidents cause serious injury and even death.

Accidents on the Water

Below are some of the more common causes of boating accidents and how they can be avoided:

Inexperienced Drivers. Operator inexperience is often the leading cause of boat accidents. Many state agencies and local organizations offer classes on boating education, as well as boating safety classes. Taken together, these classes can inform boaters about relevant boating laws and ensure that their time on the water is safe and enjoyable.

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 Posted on July 09, 2014 in Immigration

The United States immigration system may force those involved to undergo extremely long periods of waiting. Some people wait as long as 20 years for their priority date to come up. However, there are ways to get onto a different track in order to expedite the process. One of these ways is a need to claim asylum, or refugee status.

U.S. asylum law is patterned after the definition of a refugee, established by the Geneva Convention. (Some people confuse being an asylee with being a refugee, when both categories exist in U.S. law. The only difference is where one applies: an asylum claim is made within the U.S., while a refugee claim is made outside the country.) The relevant text states that to qualify as an asylee or refugee, someone must have a “well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion.”

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