Posted on December 27, 2021 in Immigration

Originally published: December 9, 2014 -- Updated: December 27, 2021

UPDATE: If you are planning to get married to a person who is a citizen of a foreign country, you should be sure to understand the steps that you will need to follow to ensure that your partner will be able to reside in the United States legally. By applying for a fiancé visa, you can bring your future spouse to live with you, and after you get married, your partner will be able to maintain permanent residence in the U.S.

A U.S. citizen can apply for a K-1 fiancé(e) visa for an intended spouse who is living in another country. The citizen will file a Petition for Alien Fiancé(e) (Form I-129F) with U.S. Citizenship and Immigration Services (USCIS). This type of nonimmigrant visa will allow the fiancé(e) to enter the United States. After receiving a visa and coming to the U.S., the foreign fiancé(e) must get married to the U.S. citizen within 90 days. If they do not get married within this time frame, the foreign fiancé(e) will be required to leave the United States. After getting married, the foreign spouse can apply for adjustment of status, and they will receive a conditional Green Card that will be valid for two years. Before their Green Card expires, they will need to apply to remove the conditions on permanent residence, after which they will receive a permanent Green Card.

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 Posted on December 17, 2021 in Personal Injury

People who have loved ones in Illinois nursing homes frequently suspect that something is amiss with the standard of care the nursing home provides, but suspicions and accusations are usually not enough to make a nursing home take action. Yet residents have a legal right to receive an appropriate standard of care; if a facility is not clean, safe, and residents are not given the right assistance with their daily life, what can you do? Worse yet, if you fear your loved one is being abused or neglected, how can you take immediate action to keep them safe?

When residents are emotionally abused, seriously injured, or killed because a nursing home neglects or abuses residents, you may want to file a lawsuit against the nursing home. To do so, however, you will need to have evidence to support your claims. Here, we will examine common kinds of evidence that can be used to show a nursing home acted wrongly against your loved one.

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 Posted on December 14, 2021 in Personal Injury

Trucking companies have a responsibility to ensure their vehicles do not pose a safety threat to others. Unfortunately, we have all seen pieces of truck tires littering the road. Those unlucky enough to be next to a truck when a tire blows out face a high risk of losing control of their vehicle, and shredded tires flying across the highway can hit vehicles and cause serious damage. Although it is not entirely possible to mitigate the risk of trucking accidents due to blown-out tires, preventing most blowout accidents is possible with standard safety measures. When truck companies follow poor trucking maintenance protocol, victims of tire blowout accidents may be able to pursue justice.

Are Trucking Companies Responsible For Blown-Out Tires?

The Federal Motor Carrier Safety Administration requires trucking companies to maintain their vehicles. Large commercial vehicles like dump trucks, tow trucks, and 18-wheel tractor-trailers can pose serious hazards to others if poor maintenance leads to trucking regulation violations. Trucking companies and their employees must ensure the following conditions are true of their tires before trucks are allowed on the road:

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 Posted on December 09, 2021 in Family Law

Creating a new parenting agreement or modifying an old one can be a difficult task that requires parents to set realistic expectations and understand how Illinois family law works. In Illinois, child custody is divided into two parts: allocation of parental responsibilities, meaning important decision-making authority, and parenting time, meaning the time children physically or electronically spend with each parent.

Although parents are encouraged to create a parenting plan that they both agree on, if they are unable to cooperate, courts may intervene. If you are facing a disputed custody case in Illinois, here are five of the most important factors Illinois family courts will look at.

The Child’s Best Interests

The primary consideration of Illinois family courts is whether any particular arrangement would be in the best interests of the child. Although this is a somewhat vague term, it is a benchmark against which all other considerations can be tested. Even if a child says he or she wishes to spend all their time with one parent, the courts must consider the child’s maturity and relevant psychological research to determine whether such a request would be in the child’s best long-term interests.

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 Posted on December 07, 2021 in Immigration

For immigrants to the United States who are undocumented or who do not have the protections provided by a Green Card, the threat of deportation is ever-present. When a foreign-born person and their family members have established lives in the U.S., the possibility that they may be required to uproot themselves and move to another country can be very troubling. Fortunately, those who are involved in deportation proceedings may have a number of options for defense, including applying for cancellation of removal. In many cases, these applications will be based on claims that a deportation will cause hardship for a person’s family members. By understanding what constitutes hardship and how to demonstrate that hardship will occur, a family can make sure they are taking the correct steps to defend against deportation.

Proving Hardship in Deportation Cases

Immigrants may qualify for cancellation of removal as permanent residents if they have been lawful permanent residents for 5 years or more, have lived in the United States for a minimum of seven years, and they do not have any convictions for aggravated felonies. Cancellation of removal is also available for Immigrants who are not lawful permanent residents. In these cases, a person must have been living in the United States for a minimum of 10 years, they must not have been convicted of crimes involving moral turpitude or other types of crimes that would jeopardize their immigration status, and they demonstrate good moral character. In addition to these requirements, a non-permanent resident will need to show that their deportation would cause hardship for one or more family members who are lawful permanent residents or U.S. citizens.

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 Posted on December 02, 2021 in Family Law

Fathers facing custody hearings in Illinois are often nervous - and understandably so. When you are asking the court to spend time with your children, it can feel like so much is at stake. Whether your hearing is to determine parenting time or allocation of parental responsibilities, whether it takes place during divorce or a parenting agreement modification, here are four tips that can help you prepare.

Present Your Best Self

Although the old adage telling us not to judge a book by its cover may be helpful in some circumstances, a family court is not the place to push boundaries. Play it safe and look sharp: wear clean clothes, style your hair neatly, and demonstrate with your appearance that you care about the outcome of this case.

Prepare Documents and Witnesses

Necessary documents that prove your relationship with your child, like phone logs, report cards, and photographs, should be gathered and organized well before your hearing. They should be easily accessible so you are not left scrambling on the morning of the hearing - or worse, during the hearing itself. Furthermore, if you are calling any witnesses to testify, you should compile an easy-to-read witness list with the contact information of each individual.

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 Posted on November 22, 2021 in Family Law

One of the most difficult things that can happen in a divorce is the fallout between the parents of a child and the child’s grandparents or other family members. Sometimes parents are trying so hard to get “even” with each other that they are willing to sacrifice the child’s relationship with their relatives. Other times, the parent dislikes their former partner’s family or feels that interacting with them is simply too painful.

Whatever the reason, the loss of the relationship between the grandparents and the child can be very painful. Grandparents may wonder whether they have the right to visit their grandchild, even if one of the parents does not consent. Although parents are generally permitted to make decisions regarding whether a child has visitation with family members, it may be possible to petition for visitation. If you are a grandparent or other relative in this situation, read on.

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 Posted on November 19, 2021 in Immigration

The U.S. Citizenship and Immigration Services (USCIS) recently announced that Green Card applicants will now be able to also apply for their Social Security number at the same time they are applying for their permanent residency. Prior to this announcement, applicants were required to apply for their Social Security number through the Social Security Administration (SSA). This extra step also added time to the entire permanent residency application process.

Social Security Number

Permanent residency status allows a person to live and work permanently in the United States. In order to legally work in the U.S, the person must show their employer proof of their identity and their employment eligibility. For the majority of workers, a Social Security card from the Social Security Administration is an accepted form of proof.

Prior to the USCIS’s announcement, in order for a Green Card applicant to receive a Social Security card with their number on it, they were required to submit documentation to the Social Security Administration directly.

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 Posted on November 17, 2021 in Personal Injury

Trailers that become detached from the truck cab are often moving at high speeds completely out of control. Pile-up accidents involving multiple vehicles can result when a trailer detaches and plows into smaller cars with tremendous force, often pushing them into other cars. This type of trucking crash can cause serious injuries or fatalities due to the size and speed of a runaway trailer. Sadly, many of these terrible accidents could have been prevented with the exercise of reasonable caution. If you were injured in a truck trailer detachment accident, you will need a knowledgeable attorney to help you discover and prove the cause of the crash before you can recover compensation.

What Types of Negligence Cause Trailers to Detach?

Trailer detachments rarely happen for no reason. There are safe ways to haul a trailer if the correct procedures are followed, and appropriate care is used. Reasons a trailer might detach and cause a wreck include:

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 Posted on November 08, 2021 in Immigration

When a person applies for a green card seeking either lawful permanent status or as a refugee, there are certain criteria that they must meet in order to be considered. One of those criteria is vaccinations. An applicant must show proof they have received a number of vaccines, including measles, mumps, polio, and rubella. As of October 1, there is one more thing that they must comply with, and that is having proof they have been fully vaccinated for COVID-19.

USCIS Announcement

In September, the U.S. Citizenship and Immigration Services (USCIS),in partnership with the United States Department of State (DHS), announced that all green card applicants will be required to show proof that they are fully vaccinated at the medical exam that is also required to obtain their green card.

The new requirement is based on guidelines that have been issued by the Center for Disease Control and Prevention’s (CDC) that every applicant must complete the series of COVID-19 vaccines and provide documentation to the civil surgeon who is performing the required medical exam. In their guidelines, the CDC clearly outlines what those required vaccine series are based on which type of vaccine the applicant has received. The three acceptable series are the Pfizer-BioNTech, the Moderna, and the Janssen (Johnson & Johnson) brands.

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