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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High Incidence of DUIs in Chicago Suburbs

 Posted on August 19, 2014 in Personal Injury

In addition to the criminal charges and penalties a driver who is convicted of driving under the influence (DUI) may face, he or she may also face additional consequences if involved in an accident that caused damage or injury. Along with being charged with the crime of DUI, a criminal defendant may face additional and more serious criminal charges for causing harm to another, be ordered to pay restitution when being sentenced, and face civil penalties should they be sued for their actions. Under circumstances where those charged with a DUI were involved in or caused an accident, he or she risks liability for potentially significant damages owed to the victim or victims of their actions, should a civil lawsuit be brought against them.

DUIs in Chicago Suburbs

Some information suggests that DUI arrests may be especially prevalent in the Chicago suburbs. According to a recently published news article, four western suburbs of Chicago rank in the top ten Illinois communities for highest number of DUI arrests in the year 2013. The article said the community of Rockford was ranked first out of the top 10, with a total of 556 DUI arrests made last year. The suburb of Naperville came in second place, with 553 arrests having been made for DUI. The remainder of the notable Chicago suburbs on the list were Carol Stream, ranked at number five on the list with 392 arrests for DUI, Elmhurst came in sixth place with 300 DUI arrests, and Aurora rounded out the top 10 in tenth place across the state of Illinois, with officers in that area having arrested a total of 256 people for DUI. Other notable Chicago suburbs that were ranked in the top 25 for DUI arrests included Wheaton and Lombard.

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Lesser Known Safe Driving Tips for Teens

 Posted on August 15, 2014 in Personal Injury

According to a recent article, two men from Naperville are about to publish a book for teen drivers. While teens are sure to get their fill of safe driving tips from parents, teachers, and driving instructors when preparing to get their license, the book focuses more on unwritten rules of the road; a topic about which many teens may not be as familiar.

What Teenage Drivers Do Not Know

The book is composed of tips for teens about various topics, such as driving in poor conditions, parking, maintaining a vehicle, and dealing with the unexpected. It even contains information about the court system should they find themselves there. The authors' goal was to teach teen drivers the things they may not be taught in driver's ed class, and to focus on sharing information they personally gained through years of experience.

Not only does the book reportedly go into more detailed information than the instruction teens would receive in driver's ed, but it shares "not-so-common-knowledge" about safe driving and about situations that drivers may not encounter every day.

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Visa Application Denied: What's Next?

 Posted on August 14, 2014 in Immigration

When you file a petition for an immigrant or non-immigrant visa, it goes to the desk of a U.S. consul. The petition may be approved, and it may also be denied. If your petition is denied, it can completely upend your plans, as well as many factors in your life. It is important not to give up hope though, and to do your research into what you need to do to appeal.

Why Petitions Are Denied

There are a host of reasons why visa petitions are denied, but the most common reason is a lack of persuasive evidence showing that the eligibility requirements have been met. In simpler terms, not enough documentation is provided. There are other reasons as well; for example, certain criminal convictions, like crimes of moral turpitude, will almost certainly get your petition denied. Crimes of moral turpitude are crimes which involve intent to cause great bodily harm, defraud or deceive and include fraud, human trafficking, and murder. However, eligibility is the main reason; for a non-immigrant, the consul may be unconvinced that you have ties strong enough to return to your home country, which is a major criteria for the visa to be granted. Or, you may have insufficient evidence of financial support.

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Think before You Post: Social Media Can Impact Family Law Cases

 Posted on August 14, 2014 in Family Law

With the advent of social media, people have become comfortably used to sharing the intimate details of their lives. However, many forget that what gets posted online does not always stay online. Hence, there is a good chance that what a person says on Facebook could come back to haunt them in the courtroom. Below are examples of ways social media use may impact family law cases

Hidden Assets? Not Any More

Hypothetically, a husband decides he does not want to pay his soon-to-be-ex spouse a significant amount of spousal support. Thus, he decides to hide some of his assets during the acrimonious divorce. He sells stocks, stashes money in offshore accounts, and downsizes his house and car. The judge believes his riches-to-rags story, and his now ex-wife gets a far smaller support order than she had anticipated.

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Illinois Traffic Fatalities on the Decline

 Posted on August 12, 2014 in Personal Injury

Numerous laws and traffic codes are put in place in an effort to improve the safety of the roadways and, in turn, to also ensure the safety of drivers and passengers who use them on a daily basis. While nothing can guarantee safety on the road, a new study suggests that the number of traffic-related fatalities has significantly declined in Illinois over the past several years.

The Study

According to a news article recently published by the chtribune, a new study was released which found that Illinois traffic fatalities have been on the decline in the state of Illinois over the past several years. More specifically, the findings show that crash-related deaths have decreased 30 percent from the year 2005 to 2012 in the state. This trend echoes one seen across the nation, with a 23 percent decline in traffic fatalities across the United States in the same time span.

Previously, the numbers showed a trend in the opposite direction. Statistics from the 1990s to 2005 showed an increase in traffic fatalities. The noticeable drop in numbers came after the year 2005.

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New Boating Laws in Illinois

 Posted on August 08, 2014 in Personal Injury

According to a news report, Governor Pat Quinn recently signed three new boating laws into effect in the state of Illinois. His signing of the laws, which are aimed at increasing boater safety, was purposely done at a time when many Illinois citizens were likely spending time on bodies of water in an effort to raise awareness about the safety issues. He emphasized the importance of residents staying safe on waterways in Illinois specifically while celebrating throughout the summer months.

Taking Precautions

Governor Quinn pointed out that boating is a fun and popular way to enjoy the outdoors, but the proper precautions must be taken in order to keep both drivers and passengers safe and avoid boating accidents. The new laws that were signed into effect are meant to keep waterways in Illinois safer and more enjoyable for everyone. Boat safety is likely on the mind of many citizens of the state, especially in light of the three drownings that occurred in the state just last month alone.

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Alone and Afraid: The Immigration of Undocumented Minors

 Posted on August 06, 2014 in Immigration

There has been a recent influx of minor children traveling over the southern border of the United States. Additionally, there has been a backlash against keeping them detained in centers in the U.S. instead of shipping them immediately back over the border. However, many people are misinformed about what rights can be granted to them. The law for undocumented minors is very different than that for undocumented adults, and they also face unique trials that their adult counterparts often can avoid.

Protections Granted to Children

The current wave of undocumented minors coming over the border is not in fact comprised of Mexicans, for the most part; a large portion of these undocumented minors are in fact from points further south like Honduras and El Salvador. They are fleeing poverty and gang violence, and many of them were sent ahead by their parents because uncertainty is better than what they perceive as certain death.

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Tax Considerations & Marriage Penalties for Middle Class Families

 Posted on August 06, 2014 in Family Law

When a couple decides to get married, buy a home, have children, and plan for their future retirement, they must think about the tax consequences at every step in the process to maximize the financial consequences of each event in their lives. Speaking with an attorney versed in family law can help ensure that the couple is on the right track, and can be of assistance in the event of divorce or other family-related issues.

Marriage

When a couple gets married, they may be subject to both marriage penalties and marriage bonuses. A marriage penalty occurs when a couple pays more income tax filing jointly as a married couple than filing separately as individuals. A marriage bonus is the reverse and occurs when a couple pays less tax filing jointly than filing separately as individuals.

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