Posted on July 31, 2019 in Immigration

The issue of immigration and deportation has been in the news a lot lately, most recently with President Trump’s tweet about ICE raids. ICE stands for Immigration and Customs Enforcement, and it is an agency within the Department of Homeland Security. ICE was created by the U.S. government in 2003, partly in response to the 9/11 attacks on the United States in 2001. It is important to distinguish that ICE is separate from Customs and Border Protection, which is responsible for securing the United States’ borders with Canada and Mexico. The most recognized division of ICE is called the Enforcement and Removal Operations (ERO). This department of the agency arrests, detains, and deports illegal immigrants who are already in the United States.

Duties of an ICE Agent

All ICE agents and deportation officers with ERO are expected to uphold U.S. immigration law at all times within, at, and beyond U.S. borders. The primary duties of ICE agents are to:

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 Posted on July 31, 2019 in Family Law

The U.S. Census Bureau reported that, as of 2011, 11.4 million married-couple households, or 21 percent of all married-couple households in America had at least one spouse born in another country. About 13 percent (7.3 million) of households had two foreign-born spouses, and 7 percent (4.1 million) had one native-born and one foreign-born spouse. With those numbers likely going up, along with it comes serious implications involving children, especially those involved in legal separation or divorce.

Taking Children Out of the Country

Generally, taking a minor child outside the country is not an issue if you have proper documentation to show the child is yours. In these ordinary cases, either parent may temporarily remove a minor child or children from the state and even travel with them outside the country for a vacation, family visit or other reasons. All that is necessary is for the parent to provide the other parent information as to where he or she is taking the child or children, how long they will be gone, and contact information.

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 Posted on July 30, 2019 in Personal Injury

Even after years of aggressive marketing campaigns and education, drunk driving still remains one of the biggest threats to American drivers and passengers. According to the National Highway Traffic Safety Administration (NHTSA), there were more than 10,800 deaths from alcohol-related traffic crashes in the United States in 2017. More than 300 of those people were killed in Illinois, representing 30 percent of all of Illinois’ traffic deaths in 2017. Even more people have been injured because of alcohol-related traffic accidents. Many of these accidents are serious and tragic, especially since they can almost always be prevented. Families of injured or deceased victims often look to place blame somewhere. In the state of Illinois, one of the entities that can possibly be held responsible for drunk drivers is the establishment where the drivers drank the alcohol, often a bar or restaurant.

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 Posted on July 30, 2019 in Family Law

Illinois is an “equitable division” state, which means the judge presiding over your case will determine what is fair when dividing marital property between you and your spouse during a divorce. However, the judge does not arbitrarily decide what is fair and equitable. Rather, the judge must follow factors provided under Illinois law which are listed below.

What Constitutes Marital Property?

Marital property under Illinois law means all property, including assets and debts, acquired by either spouse subsequent to marriage with very few exceptions. By this definition, property acquired prior to marriage is not included, except in certain special circumstances.

What Factors Will the Court Consider in Dividing Marital Property?

In equitably dividing marital property, Illinois property division courts are guided by several considerations established under the law, which include the following:

• Each party’s contribution to the acquisition of marital property;

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 Posted on July 25, 2019 in Personal Injury

Traffic accidents can be dangerous, no matter what type of vehicles are involved. Truck accidents can cause serious injuries, and sometimes even fatalities, due to their immense size and weight. According to the Federal Motor Carrier Safety Administration (FMCSA), there were more than 4,600 large trucks involved in fatal traffic crashes in 2017, and approximately 107,000 trucks involved in traffic crashes that resulted in injuries. When trucks are involved in accidents, the resulting damage to vehicles and passengers can be severe.

What Are “Hours of Service” Rules?

Truck drivers do exactly that for a living--they drive trucks. This means they are typically on the road for hours at a time, which can make them very tired. This is why the FMCSA has implemented many rules to keep truck drivers and others on the road safe. “Hours of service” rules are regulations that were put in place to limit the amount of time a truck driver spends behind the wheel. It is not uncommon for truck drivers to violate these rules, but when they do, they can lead to serious accidents.

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 Posted on July 24, 2019 in Immigration

Foreign travel is a wonderful way for people to see and experience other countries. Often times, a person will travel with family or friends or even a tour group. In general, a citizen of a foreign country who would like to come to the United States for any reason must first secure a visa. Different types of visas are available depending on the situation. A foreign national who wishes to visit the United States for tourism must first obtain a visitor visa (B-2). Tourism is defined here as a short visit for vacation, for visiting family and friends, for business purposes, but it can also include medical treatment. It is important to understand immigration laws if you or a loved one is applying for this type of visa.

Types of Visitor Visas

A visitor visa is considered a nonimmigrant visa since it is for a temporary stay. This is different than an immigrant visa, which is for people who are seeking permanent residence in the United States. Visitor visas can be for business, for tourism, or for a combination of both. Below are some examples of these types of visas.

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 Posted on July 22, 2019 in Family Law

Members of the Millennial generation, who are now aged 23 to 38, are more likely to want a prenuptial agreement than prior generations. They are also more likely to approach the idea of a prenups as partners rather than as one wealthy person trying to protect his or her assets. Why is this, and what are the benefits of a prenup for younger couples?

Millennials Are Starting Marriage Differently

Millennials are more likely to seek a premarital agreement than their parents and grandparents due to their age and status at the time of their marriage.

Millennials are marrying later, which means they are more likely to have more debts and assets than someone who marries at age 18 or 22.

• In 1970, the median age at first marriage was 20.8 years for women and 23.2 years for men, according to the US Census Bureau.

• By 1990, the ages had risen to 23.9 years for women and 26.1 years for men. In other words, there was a substantial increase in the number of women who were at least old enough to have graduated from college before marrying.

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 Posted on July 17, 2019 in Personal Injury

Being involved in an auto accident can be scary, even when the collision is minor and there are no injuries. In some cases, car accidents may cause serious injuries that leave victims with painful conditions that can last for the rest of their lives. A vehicle crash can also result in costly medical bills, lost wages, expensive auto repairs, and other damages. Fortunately, a victim may pursue a personal injury that will allow them to recover compensation that will cover all or some of those expenses. To do so, the other driver's negligence must be proved using four elements: duty of care, breach of duty of care, causation, and damages.

Duty of Care

The idea behind negligence in Illinois is that drivers have a duty to take reasonable measures to ensure they do not hurt others who are on the road. This means that drivers are responsible for obeying all traffic laws and using other precautions when driving. Examples of obeying this duty of care include:

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 Posted on July 17, 2019 in Immigration

The topic of immigration has been in the news a lot lately. Just recently, President Trump announced the United States and Mexico agreed on a plan involving South American migrants seeking asylum in the United States. Under the terms of the agreement, these immigrants will wait in Mexico until their hearing dates in U.S. immigration courts. It could take several months or even years for their claims to be adjudicated. During their stay, they will be granted rights and access to jobs, medical care, and education. According to the Department of Homeland Security (DHS), the plan is called “Remain in Mexico.” Proponents of the agreement believe it will help with the inflow of migrants at the U.S.-Mexico border, but whether that is true remains to be seen.

Immigration Crisis

Prior to reaching this new agreement, the United States government had threatened to impose tariffs on Mexican goods coming into our country. This was in response to the overwhelming number of immigrants flooding the U.S.-Mexico border. Currently, people seeking asylum at the U.S. border are sometimes sent to detention centers, temporary shelters, or tent cities while they await processing of their claims. A lack of facilities and resources on the Mexican side caused a crisis situation. If there is not enough room, migrants can be released into the United States, where local charities offer help, but those resources also can become strained with the sheer number of people. That is why President Trump urged Mexico to adopt new policies.

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 Posted on July 11, 2019 in Family Law

Child support payments are a significant financial burden for some parents and an important source of funds for others. Whether you are a payor or a recipient, you should know when child support payments can and will stop.

Child Support Ends When the Court Order Says It Ends

Your child support order should specify the end point for paying child support. In most cases, child support will end when a child turns 18, the age of majority. However, if the child is still attending high school when they turn 18, child support must generally continue until the child graduates from high school or turns 19, whichever comes first.

Note that the support termination date does not eliminate the obligation to catch up on back-owed child support. Monthly child support payments must continue in the same amount until the delinquency or arrearage is paid in full.

If you have multiple children, and your support order does not specify how the amount will be reduced as each child reaches majority, you will have to go back to court have the amount of monthly child support altered. If your old order was entered before 2016, your new order will use the income shares method of calculating child support.

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