Posted on September 07, 2022 in Immigration

Just two months after the Supreme Court authorized the Executive Branch’s authority to do so, the Biden administration made an announcement early last month that it would be ending an immigration policy that required individuals from Central and South America seeking asylum in the United States to stay in Mexico while their cases waited for a chance to be heard in court.

Moving forward, no further applicants will be enrolled in the so-called “Remain in Mexico” program and applicants will no longer have to go back to Mexico in between hearings. Officials stated that the policy imposes “unjustifiable” costs to both human rights, as well as limited border security resources.

What is the Policy for U.S. Asylum Seekers Now?

People seeking asylum in the United States come after being persecuted because of their political opinions, religious beliefs, race, nationality, or membership in social groups. Asylum seekers face real harm, including extrajudicial torture and killings in many high-risk areas. The United States recognizes that people sometimes need protection and offers that protection to legitimate victims of persecution or potential persecution.

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 Posted on September 07, 2022 in Family Law

A divorce is often a time of serious contention between parents of underage children. Despite the parents’ history of disagreements and distrust, they must find a way to work together to co-parent their children after the divorce. Sometimes, parents can do this. Other times, it is simply not possible.

When parents cannot cooperate and negotiate a parenting plan themselves, a judge will intervene and make decisions for them. Parents may be understandably wary that a judge, who has no previous history with the family and is encountering each parent’s narrative for the first time, will be able to make decisions that are truly in a child’s best interests. In situations like this, it is important to understand the criteria Illinois judges are required to use as they collect information about families and try to determine an optimal outcome.

Does a Judge Have Full Discretion in Custody Cases?

If parents cannot create a parenting plan and the matter comes before a judge, the judge is the person with final say over the outcome of the case. Whether parents agree with a judge’s decisions or not, court-ordered parenting plans are legally binding. Unless a parent believes a judge misapplied the law or seriously misunderstood the facts, a decision cannot be appealed.

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 Posted on August 29, 2022 in Personal Injury

Immediately after a serious car accident with injuries, it can be very difficult to think clearly. Your first priority has to be getting off the road and out of harm’s way. You may not yet feel the pain from your injuries due to the natural painkilling effects of adrenaline. Calling the police, getting medical care, exchanging insurance information, and contacting an attorney are all high priorities.

Another top-level priority in the immediate aftermath is making contact with bystanders who saw the accident so that they can corroborate your side of the story. Neutral eyewitnesses can provide very convincing testimony or statements that support your efforts to recover compensation. It is important to get contact information from anyone who saw the accident as soon as possible so that your lawyer can get in touch with them.

Approaching Bystanders Who Saw Your Crash

Not all eyewitnesses are happy to stick around and help out. There are a variety of reasons that passersby may not be interested in making a statement. They could be in a big rush that day and unwilling to stop. Or, they could have an arrest warrant and be more interested in getting out of there before the police arrive than they are in your claim. This is to be expected.

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 Posted on August 29, 2022 in Immigration

Having a family member who is a U.S. citizen, or in some cases, a lawful permanent resident, can provide you with a path to U.S. citizenship too. There are generally two main types of family-based visas. There are visas based on immediate family members, like a spouse or sometimes a parent or child, who is already a citizen. There are also what are called family preference categories that could allow you to obtain a visa based on the citizenship of even more relatives.

If you are eligible for a family preference visa, you will need to start by establishing the familial relationship with their help using Form I-130, a Petition for an Alien Relative. It is important to have an attorney local to the area your qualifying relative lives in helping you, as U.S. immigration law can be incredibly complex.

Family Preference Categories That Could Help You Immigrate

You will notice that most of these categories would be socially considered “immediate family members.” It is important to confirm whether the citizen family member who can sponsor you falls under the immediate family categories or family preference category, as the forms you need depend on this distinction. For immigration purposes, you may be eligible to obtain a family preference visa if you are related to a U.S. citizen as their:

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 Posted on August 22, 2022 in Family Law

Going through a divorce can be emotionally challenging. Divorce can cause a number of personal difficulties. You may have to move out of the home you have shared with your spouse for a long time and adjust to a new place. Your children may be relying on you heavily for emotional support as they also attempt to adjust to a new way of family life.

Many people will face some degree of financial hardship, which can be intensely stressful. If you did not work outside the home for pay while you were married, you might even be struggling with trying to rejoin the workforce. It is important that you take care of yourself during this time as well. While your lawyer tackles the legal issues, you should be addressing your personal emotional needs.

Tips for Self-Care While Your Divorce is Pending

Divorce can send you on an emotional roller coaster. You will need to take extra care of your mental health, as it is very easy to become depressed or anxious during this time. Some tips for self-care during divorce include:

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 Posted on August 16, 2022 in Personal Injury

Everyone knows that car accident injuries can be life-altering. While some injuries, like minor concussions and broken bones, will eventually heal and allow you to return to your life, other injuries are permanent. A severe car accident can cause extreme injuries like traumatic brain damage and paralysis. Injuries like these can change the course of your life forever. You may suffer a loss of independence, needing to rely on health care workers or home health aides for daily care. You may never be able to return to your job. You may need help to perform your normal activities of daily living.

The impact of extreme car accident injuries goes above and beyond a few hospital bills and a week off work. If you suffered a severe injury in a car accident, our attorneys can help you fight to receive every dollar you are entitled to.

Types of Compensation You Could Recover

When your life has been permanently altered by someone’s decision to drive carelessly, you deserve to recover the full amount of compensation possible. Some categories of compensable costs include:

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 Posted on August 11, 2022 in Immigration

International students are an integral part of higher education in America. Colleges are places where the exchange of culture and ideas is to be celebrated and encouraged. One of the best ways for students to expand their knowledge base and seek out unique perspectives is through study abroad. If you are interested in attending a college or university in the United States, you will need a student visa whether you will be here for a semester or for all four years of an undergraduate program. If it is a vocational or non-academic educational program you are interested in, you may also be eligible for a type of student visa. The whole process of obtaining a student visa can be a bit complex, and you will need to be sure that you are applying for the right type of visa. It is best to have an attorney’s help.

When Should a Student Use an F-Category Student Visa?

F-category student visas are the more common form of educational visa. You should use an F category visa if you will be attending a traditional college or university. Student visas in this category can also be used by younger exchange students who plan to attend high school or even middle or elementary school in the U.S.

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 Posted on August 02, 2022 in Family Law

Getting a finalized divorce decree should be the start of your new life as a single adult. You likely want to enjoy some freedoms you did not have while you were married. Many divorced parents want to move out of the area they lived in during the marriage, and for a variety of reasons. You may have gotten a better job offer a few states away, or you could just want to return to your hometown to be near your family. Whatever your reasons for wanting or needing to move, you may need to clear it with the court before you can take your children with you. An attorney can help you determine whether you will need to return to the court to get permission to relocate with your children.

What If I Am Just Moving Across Town?

If you are a DuPage County resident and you are not moving further than 25 miles away from your children’s current home, then you will not need the court’s permission to move with your children. This distance is considered close enough that it will not interfere with the children’s ability to have a relationship with both parents.

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 Posted on July 26, 2022 in Personal Injury

A slip and fall accident can happen very suddenly and without warning. One moment, you are walking through the dairy section of your local grocery store, and the next you are in a neck brace being loaded into an ambulance. Generally, the party in control of the premises where you got hurt is liable for your injuries. However, in some cases, the injured party bears some responsibility for the accident.

In Illinois, the amount of compensation you are awarded may be reduced if you were partially at fault for your fall. If the accident was mostly your fault, you may not be able to recover anything. It is very common for premises owners to defend themselves by arguing that the injured person was at fault. You will need an experienced lawyer to help you fight back.

What is the Modified Comparative Negligence Rule?

Illinois uses what is called “modified comparative negligence.” In short, this means that the amount of your award will be reduced by your percentage of fault. For example, if you are found to be 25% at fault for your accident, your award will be reduced by 25%. So, if you win $100,000 but were 25% at fault, you will only receive $75,000.

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 Posted on July 21, 2022 in Family Law

You might not love or want to be in a relationship with your spouse anymore, but you still love your furry, scaly, or feathery friends and want to keep them with you. Companion animals can be an excellent source of emotional support during difficult times. Many pet owners see their animal as a family member, however, courts in Illinois still see pets as property that you own. As such, pets are subject to the equitable division of property in a divorce action. Ideally, you and your spouse will be able to reach an agreement regarding pet custody. Otherwise, the court will make the decision that it feels is fair. While a pet is property, judges do understand that there can be a special bond between a human and a pet. An attorney may be able to help you put forth strong arguments regarding why you need your companion animal.

Reaching an Agreement About Pet Custody

There are a number of strategies divorcing spouses can use by agreement so that no one gets permanently separated from an animal they are bonded to. Some spouses who will be living reasonably close to each other choose to “take turns” with the pet, passing it back and forth on alternating weeks.

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