Posted on March 22, 2014 in Family Law

It was a dream come true for a little girl in Bolivia: a family who wanted to adopt her. But more than three years later, the family from west suburban Aurora is still trying to bring 5-year-old Cecilia home. Attorney Brad Giglio of Mevorah & Giglio Law Offices says the feds have told him and his clients to be patient. Read more from CBS Chicago. Support Bringing Cecilia Home on Facebook.

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 Posted on March 21, 2014 in Immigration

For many people, immigration means survival. There are individuals all around the world that live in oppressive, conflict-ridden countries, and seeking protection in another foreign state, in order to escape persecution, is the only chance they have at living a normal life. According to the Migration Policy Institute, nearly 30,000 people were granted asylum in the United States in 2012, with around half of those people from China, Egypt, and Ethiopia. This is a 19 percent increase in the amount of people granted asylum status from the previous year.

The Basic Requirements of Asylum

To obtain asylum in the United States, an applicant must first show that he fears persecution in his country of origin. This persecution can be based on race, religion, nationality, political opinion, or social group. Finally, the applicant must be able to show that the government is involved in the persecution of his people, or that the government does not have the power or control to regulate the acts of citizens who are acting as the persecutors.

Affirmative Asylum Processing

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 Posted on March 20, 2014 in Personal Injury

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 Posted on March 20, 2014 in Family Law

In a move that may signal a trend amongst politically conservative states in America, a bill has been introduced in the Kansas House of Representatives that would eliminate “no-fault” divorce. The legislation, introduced by Republican Rep. Keith Esau on behalf of another representative, would strike that part of Kansas’ Divorce and Maintenance statute that lists “incompatibility” as a legally viable ground for a divorce decree. “No-fault divorce gives people an easy out instead of working at it. It would be my hope that they could work out their incompatibilities and learn to work together on things,” said Rep. Esau about the bill.

Detractors, however, see the goals as noble, but the means as flawed. Family law expert and attorney Morgan O’Hara Gering does not believe that this will reduce the number of divorces; rather, it will just make them more contentious. “It could create a lot more litigation and a lot more headaches just to fight about who’s to blame.”

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 Posted on March 18, 2014 in Personal Injury

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 Posted on March 17, 2014 in Immigration

The Immigration Act of 1990 had a huge impact on immigration law in the United States. It revised policies regarding deportation, authorized temporary protected status to non-citizens of certain countries, changed the Visa Waiver Program, and – maybe most importantly – established the Diversity Immigrant Visa Program.

The Diversity Visa Lottery Program makes about 55,000 permanent resident visas available every year to natives of countries who have low rates of immigration to the United States. The lottery is administered by the U.S. Department of State. From an operational standpoint, people from most countries are allowed to apply for the visa program. The list of non-qualifying countries is much shorter, and as of last year included people from Brazil, Bangladesh, Mexico, Canada, and Vietnam. Non-qualifying countries can change year to year, depending on immigration rates. For example, Nigerians were added to the non-qualifying list last year.

In addition to being from a qualifying country, applicants must also either have a high school diploma or its equivalent, or have at least two year of job experience within the last 5 years. Although having a job already set up in the United States is not a requirement, the individual must show that he or she has a means of support.

The Application Process

Unfortunately, the application much different than the lottery we play in the U.S. to win money. First and foremost, the application process is free. If an applicant is asked to pay a fee for the application through a third party or asked to pay a fee for special help, the third party is probably running a scam. An applicant can apply once per year, and must submit an application called a DV-2015. The application period is usually in the fall of each year. More information on how to fill out the DV-2015 and the types of paper work that are needed can be found here.

Finally, even if an applicant “wins” the lottery, it does not necessarily mean that the applicant will actually receive a visa. The State Department typically announces more winners than there are spots, so applicants must quickly get in touch with the State Department and USCIS to follow up about their application. If the applicant does not do this, he or she may be out of luck, as the U.S. could run out of cards for that year.

If you happen to win the Diversity Immigrant Visa Lottery, or if you know someone who has, you should contact an experienced DuPage immigration attorney immediately. Working with USCIS and the State Department, and showing that the applicant should not be disqualified is a complex process. Mevorah & Giglio Law Offices can help navigate this process with applicants to help ensure the proper outcome.

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 Posted on March 14, 2014 in Family Law

In medieval England, and at other points in world history, marriage was less an institution to promote family values than it was a tool used by the aristocracy to consolidate power. Accordingly, it was not uncommon for women to be wed soon after they were capable of bearing children, often in their early teens. In modern society, this has changed drastically. The goals of marriage have been updated to such things as starting a family and building a life with a treasured partner. The average age of first marriage has also changed significantly.

 According to the US Census, the median age of women marrying for the first time was 26.1 years old as of 2010. This is in stark contrast to the perceived conservative era of the 1950s, when the median age was 20.3. With women increasingly being educated and working high paying jobs, there is opportunity for women to survive without relying upon a husband to earn a paycheck.

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 Posted on March 14, 2014 in Personal Injury

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 Posted on March 12, 2014 in Personal Injury

The incidence of accidents involving new teen drivers is undeniable. Their inexperience, coupled with their newfound independence, often results in distractions and mistakes being made while operating a vehicle. While some resulting accidents involve negligence, others involve poor decision making on the part of the teen driver. Recently, teens in Marion, Illinois took part in a program aimed at providing safety training to new drivers.

Williamson County Traffic Safety Day

According to an article recently published by The Southern Illinoisian, February 25th marked the sixth annual Williamson County Traffic Safety Day in the City of Marion. One of the most popular presentations featured during the day was "Street Smart," given by Florida SAFE, which is a firefighter/paramedic group from Dade County, Florida. About 120 students from Marion High School were in attendance at the morning presentation.

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 Posted on March 07, 2014 in Immigration

While immigration advocates are pressing President Obama to halt all deportations until an immigration reform bill can be passed, many immigrants that do not have legal status already have an opportunity to receive deferred status in the United States through the Deferred Action for Child Arrivals (DACA) remedy. President Obama established this rule two years ago, and it allows immigrants who arrived in the United States as children to apply for a two-year deportation protected status, in addition to a work permit.

Obtaining deferred action does not bring about permanent residency or citizenship. It simply stops immigration authorities from deporting an individual who would otherwise be removable. Still, it can serve as an important tool if you or someone you know would like to stay legally in the United States and have the opportunity to work. Below is a brief explanation on who may apply for deferred action status.

Who Can Apply?

In accordance with the guidelines set forth by U.S. Citizenship and Immigration Services, an immigrant can apply for deferred status if he or she was younger than 31 years old on June 15, 2012, was younger than age 16 when he or she arrived in the United States to live, and lived in the United States since June 15, 2007. The individual also had to have been physically present in the U.S. on June 15, 2012, and he or she must be in the United States during the application process.

Limitations

In addition to the above criteria, there are some limitations on the types of people that can apply as well. If the person applying for deferment has been convicted of a felony or certain types of ‘significant misdemeanors,’ he or she may not be eligible to apply.

‘Significant misdemeanor’ is not a term that is typically used in immigration law. USCIS defines a significant misdemeanor as one for which the maximum term of imprisonment is less than a year, but greater than five days and either 1) was a domestic violence, burglary, use of firearm, drug trafficking or DUI offense, or 2) was an offense in which the individual was sentenced to more than 90 days in custody. If either of these two categories is fulfilled, then that person cannot apply for the deferral.

Remember that DACA is still a relatively new policy in a time in which immigration law is becoming more and more open to change. While USCIS has stated that after the two-year time limit has passed individuals can renew for another two years, no one yet knows what effect immigration reform will have on this policy.

If you or someone you know in Illinois would like to know more information about DACA or other options for legally residing and working in the United States, contact Mevorah & Giglio Law Offices today.

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