Posted on January 08, 2021 in Immigration

Coming to the United States on an H-1B visa can be challenging. Even if a person meets the qualifications based on their education and specialized knowledge and skills, approval of the visa may still be delayed as a result of the annual cap on H-1B visas that is enforced by U.S. Citizenship and Immigration Services (USCIS). However, some H-1B applicants qualify for exemptions that can expedite the process. An experienced immigration lawyer can help you understand whether one of these exemptions may apply in your case and ensure that you take the necessary steps to benefit from it.

Who is Exempt From the H-1B Cap?

As of 2021, the annual cap on H-1B visas is 65,000, meaning that if applications are filed on behalf of more than 65,000 people within a fiscal year, many of those applications may be denied, or at least delayed to the following year. However, there is an exemption available if the beneficiary of the application has an advanced degree, meaning a master’s degree or higher from a U.S. institution in a field relevant to the qualifications for the position in which the beneficiary would be working. An additional 20,000 visas are available for people who qualify for this advanced degree exemption, raising the total amount of annual H-1B visas that may be approved to 85,000.

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 Posted on January 06, 2021 in Family Law

When a couple chooses to get a divorce, the process of dividing marital assets is likely to cause some conflict. Each party may have personal attachments to certain properties, and while it is sometimes fairly straightforward to reach an agreement that satisfies each person’s needs and wishes, certain kinds of properties are especially complicated. When it comes to dividing these properties, it is helpful to have the guidance of an experienced attorney who can help you protect your interests and avoid financial losses.

3 Properties That May Cause Conflict During a Divorce

Typically, the properties that are hardest to divide are those that have the highest value and that both parties rely on. These may include:

1. Retirement accounts: In Illinois, contributions to retirement accounts that were made during a marriage are usually considered marital property, even if the account is listed in one party’s name or funded through contributions from one party’s paycheck. The necessity of dividing a retirement account can affect both party’s retirement plans, and it can result in significant losses if you are not careful about how you divide it. Many retirement accounts must be divided in accordance with a Qualified Domestic Relations Order (QDRO) to prevent early withdrawal penalties and other tax implications.

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 Posted on December 28, 2020 in Immigration

Immigrating to the U.S. and achieving lawful permanent resident status or citizenship is a significant accomplishment, but if you have family members who still live outside of the U.S., it may be important for you to help them legally immigrate as well so that you can be together. U.S. Citizenship and Immigration Services (USCIS) has a process that makes family immigration possible, and an attorney can help you navigate this process so that you can reunite with your loved ones.

Which Family Members Have Immigration Priority?

The process of petitioning for lawful permanent residency is easier for some family members than others. If you are a born or naturalized U.S. citizen, you can petition for immediate family members without them having to join a waiting list. This includes your spouse, your children who are unmarried and under the age of 21, and your parents. You can also petition for your unmarried adult children, married children, and siblings, but keep in mind that visas for these categories are limited and there may be a significant waiting period before the application is approved. Additionally, you can petition for a K-1 visa for your fiancé or fiancée, which may lead to lawful permanent residency after you get married.

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 Posted on December 23, 2020 in Family Law

Getting a divorce is a major, irreversible decision that affects nearly every aspect of a person’s life. That said, some individuals and couples are confident that a divorce is the best option to free themselves from a failed marriage and make it possible to move forward with their lives. However, if you are not so sure that divorce is the right choice, you do have another option in Illinois in the form of legal separation.

What Happens in an Illinois Legal Separation?

In order for a legal separation to begin, you and your spouse must be living separately, and one or both of you must submit a petition to the court. As part of the judgment for legal separation, you and your spouse may need to reach an agreement on many of the same issues addressed in a divorce resolution, including spousal maintenance in a case of financial need, as well as child support and parental responsibilities if you and your spouse have minor children together. You can also choose to begin the process of allocating marital property, and in general, any new property that you or your spouse acquires after the judgment of legal separation will be considered non-marital.

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 Posted on December 17, 2020 in Personal Injury

Many people are so used to the task of driving that it almost becomes automatic, and their minds may wander to other things while they are on the road. However, the truth is that driving often requires one’s full attention, and anything that distracts from the task at hand can potentially lead to an accident. When these car crashes occur, the distracted driver can often be found at fault.

Examples of Distracted Driving

In general, safe driving requires eyes on the road, hands on the wheel, and concentration on the driving task. Distracted driving can involve anything that detracts from one or more of these things. Some possible examples include:

• Using a cell phone - This may be the first example that comes to mind, especially since Illinois law specifically prohibits texting and other handheld cell phone use while operating a motor vehicle.

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 Posted on December 11, 2020 in Immigration

In the United States, many immigrants who are lawful permanent residents (LPRs) eventually have the opportunity to complete the naturalization process and become U.S. citizens. Citizenship comes with many benefits, including the right to vote, the ability to travel with a United States passport and obtain permanent residency for your family, and protection from deportation. However, obtaining citizenship can be a challenging process that requires extensive preparation.

Important Steps in the Naturalization Process

In order to become a U.S. citizen, there are several steps you will need to follow. Your attorney can help with many aspects of the process.

1. Become a lawful permanent resident. If you are not yet an LPR, for example, if you have entered the U.S. on a temporary visa, you will first need to file for an adjustment of status to obtain your green card.

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 Posted on December 10, 2020 in Family Law

Getting a divorce often has major financial implications for both parties, stemming in large part from the division of marital assets and the transition from a combined family income to an individual income. If you are not careful, you could end up in a situation from which it is difficult to recover. An attorney can help you make good decisions throughout the legal process that protect your financial interests and can contribute to your long-term stability.

Tips for Addressing the Financial Challenges of Divorce

There are several things you can do both during and after your divorce to promote your personal financial stability. Here are some suggestions:

• Consider lower-cost methods of divorce resolution. If you and your spouse are open to communication and negotiation regarding your divorce agreement, an uncontested divorce is usually the most cost-effective approach. You may still have some costs, including the services of an attorney to advise you or a mediator to guide negotiations, but they will often be minimal compared to the high attorney fees and court costs associated with a protracted divorce trial.

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 Posted on December 03, 2020 in Personal Injury

In the United States, car crashes and other motor vehicle accidents are responsible for more spinal cord injuries than any other cause. If your spinal cord has been damaged in an accident, the recovery process can be extremely difficult, and your life will likely never be the same. Spinal cord injury victims are often entitled to significant compensation from the driver responsible for the crash, which can provide some relief as you work to adapt to your new normal.

Effects of a Spinal Cord Injury

Your spinal cord is responsible for sending nerve signals from your brain to the rest of your body, and therefore, an injury can severely impair your body’s functions. At minimum, a spinal cord injury will likely impair sensation anywhere below the location of the injury, and it can also affect motor skills, sometimes resulting in paralysis from the neck or waist down. Damage to the spinal cord can also affect respiratory and circulatory functions, as well as the abilities of various bodily organs.

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 Posted on November 25, 2020 in Family Law

For many people, one of the greatest concerns when considering a divorce is the possibility of a long and contentious trial with high financial and emotional costs. The good news is that it is often possible to avoid this outcome, and many divorcing couples are able to avoid a trial entirely by pursuing an uncontested divorce. This means that you and your spouse work together to reach an agreement on all important decisions in your divorce resolution. This option is not feasible in every situation, but it is well worth considering whether it could work for you and your spouse.

Questions to Ask Yourself About an Uncontested Divorce

When determining whether to move forward with an uncontested divorce, you should ask yourself the following questions:

• Are my spouse and I in agreement about getting a divorce? If the answer is no, your chances of an uncontested divorce may be eliminated right from the start, as you will likely face a legal challenge to even ensure that the divorce process can begin.

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 Posted on November 24, 2020 in Immigration

Legally immigrating to the United States can be challenging under any circumstances, but a criminal record can significantly increase the obstacles to immigration. It can also affect your ability to obtain a green card or citizenship, and it may result in your deportation. If you have been charged with a crime in the past, or if you are currently facing criminal charges, an immigration attorney can help to protect your rights and avoid excessive consequences.

What Kinds of Crimes Can Affect My Status?

There are several different categories of crimes that can affect your immigration status in some form. Two of the most notable categories are:

• Crimes of moral turpitude - This category is not clearly defined, but is typically considered to include crimes involving malicious intent and immoral behavior, such as fraud, abuse, or violence.
• Aggravated felonies - U.S. immigration law includes a specific list of aggravated felonies, including but not limited to murder, rape, some other violent crimes, drug and firearm trafficking, and some forms of theft, crimes against children, tax evasion, and money laundering.

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