Recent Blog Posts
New USCIS Law Affects Citizenship for Children of Immigrants Stationed Overseas
The United States Citizenship and Immigration Services (USCIS) recently updated its policy guidelines regarding residency requirements in the Immigration and Nationality Act (INA) to adhere to the Citizenship for Children of Military Members and Civil Servants Act that was just put in place. The INA was enacted in 1952, and it contains many important provisions of immigration law. However, it has been amended over the years to reflect societal and legal changes. Per the new law, children of immigrants who are stationed overseas for government or military work are automatically granted citizenship.
Immigration and Nationality
Under this new legislation, a child who is not born in the United States can receive automatic citizenship according to INA 320. This applies to a son or daughter who is living in any country other than the United States, as long as the child is recognized as a lawful permanent resident (LPR). Also, his or her parent must be a U.S. citizen and have physical and legal custody of the child. The following must also apply to the parent:
How Long Does Spousal Support Last in Illinois?
In many marriages, an imbalance in income means that one spouse relies on the other for financial support to maintain their accustomed standard of living. When these marriages end in divorce, it can be especially hard for the lower-income spouse to recover financially. Thankfully, Illinois courts will often award spousal support or maintenance in these cases, but it is important to note that this is usually not a permanent solution. If you rely on spousal support, you should be aware of the circumstances under which those payments can end and plan accordingly.
Standard Duration of Spousal Support in Illinois
If the court determines that spousal maintenance is necessary, the duration of payment is typically calculated based on the length of the marriage, starting at 20 percent of the length of the marriage for marriages shorter than 5 years. For example, a marriage of 4 years would result in 9 to 10 months of spousal support. The duration increases by 4 percent of the length of the marriage for each additional year up to 20, at which point the court may award spousal support for a period equal to the entire length of the marriage or indefinitely.
When Is Relocation a Good Decision After an Illinois Divorce?
After your divorce is finalized, you may be looking for a fresh start, perhaps in the form of a change of scenery. However, if you share children with your ex, relocating after your divorce is not as simple as picking a spot on the map. You should think carefully about whether the move is in your children’s best interests, and even if you decide that relocation is the right decision, there are important procedures you must follow to ensure your relocation is legal.
Possible Reasons for Relocation
Moving with your children after a divorce is a major decision that affects your entire family. However, there are situations in which it may make sense. For example, relocation can be a good decision if:
- The move allows you to better provide for your children. You may have a good case for relocation if you are moving to accept a job offer that advances your career and increases your income, or to pursue higher education that increases your job opportunities.
Top Reasons Why an Attorney Is Important in U.S. Immigration Cases
The United States immigration process can be a complicated and intimidating endeavor. There are many forms and documents that an applicant must fill out to legally enter the country. Part of the Department of Homeland Security (DHS), the U.S. Citizenship and Immigration Services (USCIS) is the federal agency that oversees lawful entry to America. The USCIS website provides information on different visas that permit immigrants to come to the United States to live and work. However, if a person is hoping to start a new life or join other family members here, or if he or she is facing removal, it is essential that he or she seeks the help of an experienced immigration attorney who can help navigate the complex legal proceedings.
Understanding the Legal Aspect of Immigrating to the United States
Coming to the United States can be life-changing for an immigrant. In some cases, he or she may be fleeing religious persecution or to obtain a better occupation. Regardless of the reasons for immigrating, legal counsel can expedite the process, strengthen a case, and ensure an immigrant’s rights are protected. In removal proceedings, the government always has an attorney present, so the person facing deportation is entitled to legal representation, too.
How Do I Pursue Compensation After My Loved One’s Wrongful Death?
Losing a loved one in a car crash or other fatal accident can be devastating, and unfortunately, it is a sad reality for almost 1,000 Illinoisans each year. If you are one of the people affected, you may be struggling with financial stresses related to the incident as well as a difficult grieving process. Fortunately, if another driver was responsible for the vehicle collision, you may be able to obtain financial recovery through a wrongful death claim.
Initiating a Wrongful Death Lawsuit in Illinois
In the case of wrongful death, the victim’s spouse and/or next of kin, such as children, siblings, or parents, may be entitled to the compensation the victim could have pursued through a personal injury lawsuit. If you want to file a wrongful death claim, you will need to work with the personal estate representative of the deceased if that person is someone other than yourself. You should also consider hiring an attorney who can help you build a strong case for compensation.
How to Avoid Drowsy Driving Accidents in Illinois
According to the National Highway Traffic Safety Administration (NHTSA), drowsy driving is a factor in at least 90,000 car accidents each year, contributing to 50,000 injuries and almost 800 fatalities, but the actual numbers may be significantly higher due to drowsy driving that goes undetected or unreported. Driver fatigue poses a clear safety risk to both the driver and others on the road, but there are things you can do to reduce your chances of causing or being involved in a drowsy driving collision.
Tips for Preventing Driver Fatigue
One of the best ways to prevent a drowsy driving crash is to avoid driving when you are tired yourself. Specific suggestions for safe driving include:
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Get a good night’s sleep. Most health experts recommend between seven and eight hours of quality sleep each night.
USCIS Cancels Furloughs, But Immigrant Visas May Still Be Delayed
The health crisis of COVID-19 has affected millions of people across the globe. Governments issued executive orders to close certain businesses and keep citizens home by limiting gatherings in an effort to stop the spread of the highly contagious virus. Many employees in all types of industries have been temporarily laid off or furloughed due to the economic hardship the coronavirus has inflicted on the world. Some business owners have even been forced to sell or dissolve their companies altogether. The economic hardship that the world is experiencing has impacted the immigration process as well. The United States Citizenship and Immigration Services (USCIS) manages the processing of applications for work permits, U.S. citizenship, Green Cards, and other immigration benefits. USCIS recently announced it would not furlough more than 13,000 employees as the agency had originally planned.
Avoid These 4 Mistakes If You are Divorcing Later in Life
More and more couples are getting divorced later in life. Some attribute this shift to an increase in female independence in modern relationships. Since women are no longer solely dependent on their husbands, they often feel more free to divorce their spouse if they are unhappy in their marriage. Others believe that our longer lifespans are contributing to these late-life decisions. With people living 90+ years, being married to the same person for that amount of time may not be in the cards for every couple. Known as gray divorce, getting divorced after the age of 50 brings on its own unique challenges, making it critical to hire a divorce attorney who can help you avoid making the following mistakes.
Mistake #1: Not Taking Note of Your Assets
Rarely do both spouses have an equal hand in managing the household finances. Over time, particular chores get assigned to each spouse and paying bills or managing accounts is often one of these. If you are the spouse who took on other responsibilities throughout your marriage, it is important to do your own inventory of your assets and debts. In some cases, divorcing spouses may attempt to conceal assets during the divorce to keep them for themselves. This is especially true for couples who have been married longer and have more savings and debts collected.
Holding Liable Parties Accountable in an Illinois DUI Truck Accident
Alcohol is a factor in over 25 percent of fatal car crashes in Illinois each year, and when the responsible party is the driver of a semi-truck, the resulting accidents can be especially devastating. Because of the vehicles’ large size and weight, truck accidents can cause severe injuries and fatalities, and they often impact several other drivers and passengers. If you are injured by an intoxicated truck driver, you will likely need compensation to cover your costly medical expenses, and it is important to know who all was at fault for the accident so that you can hold all parties accountable.
Who Is Negligent in a Truck Accident Involving Alcohol?
It may seem straightforward to determine who was at fault for a drunk driving accident, but in the case of a semi-truck accident, there could be more than one negligent party. If you are able to identify all of them, you often stand a better chance of receiving greater compensation. Potentially responsible parties include:
Who Can Qualify for the U Nonimmigrant Status Visa?
The U.S. immigration process can be complex, with different visas that allow immigrants to enter and remain in the country. The U nonimmigrant status (U visa) is for victims of specific crimes who have sustained physical or mental abuse and who are able to assist police or government personnel in the investigation or prosecution of certain criminal offenses. Congress drafted the U nonimmigrant visa by passing the Victims of Trafficking and Violence Protection Act (and the Battered Immigrant Women’s Protection Act) in the fall of 2000. The Act was signed by President Clinton and later reauthorized by Presidents Bush, Obama, and Trump. The goal of this legislation was to bolster the authority of police agencies in prosecuting domestic abuse, sexual assault, undocumented immigrant trafficking, and other criminal offenses.