Recent Blog Posts
How Is Fault Fault Determined in an Illinois Rear-End Car Accident?
According to the National Highway Traffic Safety Administration (NHTSA), there were more than 6.4 million police-reported traffic accidents in 2017 in the United States. Of those, over 2.7 million people were injured and over 24,000 were killed in traffic crashes. Car accidents can result in minor injuries such as bruising, small cuts, or scratches, or more serious injuries such as whiplash, traumatic brain injuries, broken bones, or even death. The type and severity of injuries sustained in a car crash typically depends on the type of accident. Rear-end collisions are some of the most common vehicle accidents that occur and can result in a variety of injuries. If you have been hurt in a rear-end car accident, you may be entitled to compensation if another driver was at fault.
What Are the Options for Ineligible or Inadmissible Immigrants?
The steps for immigrating to the United States can be complicated and frustrating. In some cases, an individual may be labeled “ineligible” or “inadmissible.” An immigrant who is inadmissible is not lawfully permitted to enter or stay in the United States (if already here).
The Immigration and Nationality Act (INA) sets guidelines for inadmissibility. In certain circumstances, it may be possible for a person to obtain a waiver to enter or remain in the country. There are some exceptions written into law and if the individual meets these exceptions, no waiver is required. These include immigrants who have been abused, battered, or subjected to extreme cruelty, victims of trafficking and those who are minors.
Reasons for Inadmissibility
If an immigrant is termed inadmissible, it means he or she will be denied a green card or visa unless he or she meets the requirements to apply for a waiver. Section 212(a) of the INA lists the grounds of inadmissibility. They include certain types of crimes, in addition to communicable diseases, prior immigration violations, and the probability of needing financial assistance from the government. The main categories or reasons for inadmissibility are:
What Is Alternative Dispute Resolution in an Illinois Divorce?
Marriage is not for everyone; however, there are those people who enter into marriage believing they can make it work and last a lifetime. Unfortunately, even for those couples who give it their best, they may ultimately decide to divorce. Indeed, most recent statistics available show that more than 22 percent of couples marrying for the first time end up divorcing in less than 5 years, while 53 percent of all marriages dissolve by the 20-year anniversary. Although divorce proceedings are usually carried out in court, litigation is not always necessary to legally terminate your marriage.
Alternative Dispute Resolution
There is a growing trend for couples to use other means to resolve the issues involved in ending their marriage, and these methods are known as Alternative Dispute Resolution (ADR). Mediation is one of the most common types of ADR, and during this process, divorcing spouses will work with a third-party mediator to address and resolve all legal issues involved in dissolving their marriage. The process is confidential and non-binding. This means if one spouse does not agree with the mediator’s proposed resolution of an issue, they will not be required to follow it, and any issues that cannot be resolved may be addressed through litigation in court. The mediator can help resolve issues typically involved in divorce, such as:
Avoid Making These Mistakes During Your Illinois Slip and Fall Case
Personal injury claims are not always the easiest cases to win. In a slip and fall or any case in which an injury occurs because of someone's negligence, the burden of proof falls on you, the plaintiff, not the defendant. This means you must be able to prove that the defendant is responsible for the injuries you are claiming to have sustained. Proving negligence can be a difficult process, and you do not want to make a mistake that could have been easily avoided. If you are pursuing a personal injury claim for a slip and fall case, be careful to avoid the following errors in order to increase your chances at receiving compensation:
Not Seeking Medical Attention
The entire premise of a slip and fall case is based on your injuries. You are trying to pursue compensation for injuries that you sustained because someone acted recklessly, and that negligence caused you to slip and/or fall. Seeing a physician is crucial, because it will provide a medical record of your injuries. You also need to make sure you are following your doctor’s orders and going to any follow-up appointments. Not seeking medical assistance can make it seem like your injuries are not as serious as you claim them to be.
What Are the Rules for Obtaining a Fiancé(e) Visa?
Not all couples who marry are from the same state or even country. Two people who are engaged to be married may live across the globe from each other. This long-distance relationship can be challenging, emotionally and legally. If someone is a U.S. citizen and wants his or her “betrothed” to live in the United States, there are certain stipulations that must be met first before they can move here. Securing a fiancé(e) visa can be a complicated endeavor, but necessary for a loved one to enter the United States legally. In some cases, couples may choose to get married abroad so the foreign spouse would enter the United States on a K-3 (married) visa. Each couple is unique, so it is best to seek legal counsel to determine the best course of action for your immigration situation.
Immigration Visa Laws
The first step in bringing your foreign fiancé(e) to the United States is filing a Petition for Alien Fiancé(e), which is Form I-129F. This will allow him or her to obtain a K-1 nonimmigrant visa, which is also referred to as a fiancé(e) visa.
What if My Spouse Moves Out of Illinois During Our Divorce?
In Illinois, marriage dissolution, or what is most commonly referred to as divorce, is the sole means by which a couple can legally terminate their marriage. The termination itself requires a judgment entered by the court, which a judge will issue after the couple agrees to the terms of the divorce. If the couple cannot reach an agreement, then a judge will decide the marital and child-related issues, including the allocation of parental responsibilities and other matters, such as division of property and assets or spousal maintenance (alimony). It is not unusual for one of the spouses to decide to move out of state while the divorce proceedings are going on. In some cases, circumstances such as a job transfer make the move necessary. In other scenarios, however, a spouse may decide to move in an attempt to get a better outcome or even contest the divorce.
When Canines Attack: Taking Action After an Illinois Dog Bite
Many people enjoy the company of a four-legged friend. It is no wonder that dogs are called man’s best friend, since most canines are very friendly and make great companions. Some dogs, however, are more hostile than others. Studies show that more than 4.5 million people are bitten by dogs every year throughout the U.S., and more than 800,000 people require medical treatment for dog bite injuries. Fortunately, the state of Illinois allows victims to pursue compensation for dog bite injuries.
Dog Bite Injuries and Infections
The American Veterinary Medical Association (AVMA) states that children are more likely to be bitten than adults, because they often do not know the warning signs that a dog may be hostile or dangerous. When children suffer a dog bite, they are more likely to sustain serious injuries. However, dog bites can seriously harm people of any age, and injuries can range from a small scratch or bruise to deep lacerations and broken bones. In addition to these injuries, any dog bite that breaks the skin can also lead to an infection or illness if it is not properly treated. Common infections that occur from dog bites include Pasteurella, MRSA, tetanus and in some cases, even rabies.
What Crimes Would Cause an Immigrant to Be Deported?
The immigration process can be long and complicated. However, if an individual who is trying to immigrate to the United States commits certain crimes, he or she might be deported. Even if the immigrant possesses a green card, he or she is subject to deportation if he or she violates U.S. immigration laws. If there is substantial evidence that a crime has been committed and the person was convicted, an immigrant can be subject to removal proceedings. It is important to understand the immigration criminal defense proceedings if you or a loved is charged with a crime that is classified as “deportable.”
Types of Crimes that Warrant Deportation
Immigrants face the risk of being deported if they are convicted of specific types of crime. A “crime of moral turpitude” (CMT) or is not defined very well under U.S. immigration law. It is important to note, however, the Department of State states that the typical conditions of a moral turpitude crime include “larceny, fraud, and intent to hurt persons or things.” Crimes that involve theft and dishonesty are considered this type of crime. Other examples include assault with intent to kill or rob someone; aggravated DUI or DWI; and spousal abuse.
Is a Trucking Company Liable for Truck Accident Injuries in Illinois?
According to the American Trucking Association, there were approximately 36 million large trucks registered and used for business purposes in 2017, with more than 1 million for-hire and private truck carriers operating in the United States. Trucking is a fairly large industry, but it can be dangerous. The National Highway Traffic Safety Administration (NHTSA) reports that there were more than 4,600 large trucks involved in fatal crashes and approximately 107,000 involved in injury crashes in 2017. When a truck gets into an accident, it makes sense to first blame the truck driver. In some cases, the trucking company for which the driver works can also be held responsible for a truck accident.
Hiring Unqualified Drivers
All drivers of large trucks have to meet certain requirements and have specific qualifications and endorsements to legally drive a big rig. Drivers must hold a commercial driver’s license (CDL) with the proper endorsements to drive a commercial motor vehicle (CMV). Drivers must also be certified that they are medically sound to drive a CMV. If a trucking company knows that a driver does not have a CDL or the appropriate endorsements, has medical issues, or does not have adequate training or experience, the company can be held liable for injuries or damages sustained in a truck accident.
What You Need to Know About Child Adoption in Illinois
The process of obtaining legal parental rights over a child that is not your own is known as adoption. Once you have done what is required and successfully completed the process, you will establish a legal family relationship between yourself and the child you are adopting. As an adoptive parent, you will have the same rights, duties, and obligations to the child as the child’s biological parents would have.
Who Can Adopt a Child?
Under Illinois law, basically, anyone of age can adopt a child provided they follow the law and meet the adoption requirements. So, it does not matter whether you are single, married, divorced, or even a same-sex couple; you can adopt—again, assuming you meet all the other requirements.
For example, if you are married, then both you and your spouse must jointly file an adoption petition. This requirement, however, does not apply if you have been separated for more than one year.