Posted on May 15, 2019 in Immigration

If you are facing deportation proceedings because you are not a lawful permanent resident (LPR) of the U.S., you may be eligible for cancellation of removal. However, you will have to convince an immigration judge that your deportation would result in exceptional and extremely unusual hardship to a qualifying relative, defined as your LPR or U.S.-citizen spouse, parent, or unmarried child under age 21. This is a very difficult standard to meet. The assistance of an experienced immigration attorney is highly recommended in order to present your arguments in the most persuasive manner.

The immigration judge will make the exceptional and extremely unusual hardship decision not based on any one factor but rather based on the totality of the evidence. As you will see, it is generally easier to prove that your removal will create exceptional hardship for a child who was born in the U.S. than for a parent who grew up abroad or a self-sufficient adult spouse.

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 Posted on May 14, 2019 in Family Law

Financial preparation prior to filing for divorce can substantially ease your stress during and after divorce. If you have been out of the workforce for some years, the idea of becoming self-supporting can be daunting. The three biggest expenses you need to plan for are your home, car, and food. Your fourth largest expense will be for medical care and health insurance. The annual premium for an individual health plan in 2018 was nearly $7,000--over $500 per month--and that plan comes with an average deductible of $1,500. Fortunately, Illinois has a Spousal Continuation Law (215 ILCS 5/367.2) that allows you to remain on your spouse’s employment-based insurance plan after divorce.

How to Stay on Your Spouse’s Health Insurance After Divorce

If you want to remain on your spouse’s health insurance after your divorce, your spouse must notify their employer and insurance company of the divorce within 30 days of the final decree. This will trigger the insurance company to send you a notice about the continuation of coverage. You must return your response to the insurance company within 30 days.

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 Posted on May 13, 2019 in Personal Injury

Each year, there are millions of car crashes that happen throughout the United States. According to the latest statistics from the National Highway Traffic Safety Administration (NHTSA), there were an estimated 6,452,000 traffic crashes that were reported to police in 2017. Of these crashes, about 1,889,000 of them resulted in injuries and more than 34,000 of the crashes resulted in at least one fatality.

Car accidents happen when you least expect them and they can cause serious injuries and even death. It has been noted that many, if not most car accidents occur because of some sort of driver error. Here are a few tips to keep you safe while on the road and decrease your chances of being in a car accident:

Pay Attention to the Task at Hand

Distracted driving has become a large problem with the rise of smartphones and other electronic devices. When you are behind the wheel, your full and undivided attention should be on driving and the road in front of you. Getting distracted by your cell phone or other things in the car can cause you to be unaware of things happening outside.

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 Posted on May 08, 2019 in Immigration

Even lawful permanent residents (LPR) of the US, or green card holders, can be deported. If you receive a Notice to Appear before an immigration judge, then removal proceedings have begun against you. You will need to hire your own immigration attorney to represent you in these proceedings. To prevent your deportation, your attorney may file a petition for cancellation of removal, which the immigration judge may or may not approve, depending on the strength of the arguments made by your attorney.

Deportable Offenses: Grounds for Removal of an LPR

Removal proceedings may be initiated against a lawful permanent resident for any of the following deportable offenses:

• Commission of immigration fraud.
• Participation in terrorist activities.
• False claim of citizenship or unlawful voting in an election restricted to citizens.
• Conviction of a felony crime of moral turpitude within 5 years of entering the U.S. for which a sentence of one year or longer may be imposed.

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 Posted on May 06, 2019 in Personal Injury

Tens of thousands of years ago, dogs began becoming domesticated creatures and their DNA changed from that of their wolf ancestors. Today, dogs are the most popular species of pet for Americans -- around 68 percent of American households own at least one dog. According to the American Veterinary Medical Association, more than 4.5 million people are bitten by dogs each year and at least half of those people are young children. Dog bites can result in serious injuries and in some cases, even serious, life-threatening infections. Dog bites can also cause emotional distress, especially in children. Pursuing a dog bite injury claim can be tedious, which is why there are a few things you should know before you begin the process.

Illinois Has a Definition for “Dangerous Dogs” and “Vicious Dogs”

The Illinois Animal Control Act (510 ILCS 5/) contains the governing statutes for injuries sustained by animals, including dogs. According to 510 ILCS 5/2.05a, a “dangerous dog” is a dog that is unmuzzled, unleashed or unattended by its owner and behaves in a manner that would be reasonably construed as a serious and unjustified threat of physical injury or death. A dog that unjustly bites a person and does not cause serious physical injury can also be considered a “dangerous dog.” A “vicious dog” is one that unjustly attacks a person and causes serious physical injury or death, or a dog that has been found to be a “dangerous dog” three separate times.

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 Posted on April 29, 2019 in Personal Injury

Getting into a car accident can be a very scary experience for most people. Often times, getting into a car accident can result in serious injuries that can lead to permanent damage if not treated correctly. When you are recovering from injuries from a car accident, the last thing you want to do is relentlessly fight with your insurance company to get a fair settlement. Dealing with any type of insurance company can be annoying — they often will try everything they can to give you the smallest settlement possible. Here are five tips that can help you deal with your car insurance company after an accident:

Make Sure You Are Prepared

Before you submit your claim or call the claims adjuster that your insurance company has assigned to you, you should make sure that you have everything that you will need to submit the claim. Check and make sure you have copies of things such as:

• Evidence that you collected at the scene of the accident, such as photos;

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 Posted on April 26, 2019 in Family Law

If you anticipate that your divorce will be both complicated and contentious — perhaps due to parenting style differences, children with special needs, or substantial income and assets to be divided — consider which of these two options sounds better:

You and your spouse each choose an aggressive lawyer who will fight out your issues in one-to-one negotiation or in court, if necessary. Consider which of you has more money to spend and is more likely to drag out the legal process out of spite.

You and your spouse agree to resolve your divorce without going to court, working cooperatively with a team of professionals who will provide a neutral perspective and recommendations on both financial and parenting issues with a focus on the best interests of your family as a whole.

If the latter approach sounds better to you, then the collaborative divorce process might be right for you.

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 Posted on April 24, 2019 in Immigration

In any given year, the U.S. grants approximately 85,000 H1B visas, given to foreign workers with special skills or highly specialized knowledge. For a long time, their spouses were denied permission to work in the U.S., but in 2014, employment authorization documents (EAD) were granted to H4 visa holders, which is the visa given to the spouses of H1B holders. Now, in 2019, the current administration has published a notice of intent to roll back the program granting the EADs, arguing that too much competition with U.S. workers is created.

Program in Limbo Since 2015

The Obama administration granted the right to seek an EAD to H4 holders in 2014, but in 2015, a group called SaveJobs, comprised of ‘displaced’ U.S. tech workers, sued the administration, alleging that it had overstepped its bounds and that granting EADs to this group of nonimmigrants would make it harder for U.S. citizens to find work in technology. The group lost, appealed, and the case was continued multiple times, allegedly while the rule was being rewritten and refined.

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 Posted on April 22, 2019 in Personal Injury

Gone are the days of stepping off of the street curb in a desperate attempt to get one of the dozens of taxi cabs to notice your flailing arms. Now, you can simply pull out your smartphone and with a few taps, you can have a car outside waiting to take you to where ever you want to go within minutes. Ridesharing companies such as Uber and Lyft have taken off and are becoming more popular than ever. Those these companies offer convenience and simplicity, they pose rather complex and often ambiguous situations, particularly when one of these ridesharing vehicles gets into a car accident with a passenger inside.

What Is a Ridesharing Company?

The Illinois Transportation Network Providers Act is the section of law that outlines rules and regulations for transportation network companies (TNCs). The Act defines a TNC as any entity that operates by use of a digital network to connect passengers to TNC drivers who provide ride services. A TNC driver owns his or her own vehicle and is not associated with any taxicab service. Popular TNCs include Uber, Lyft, Sidecar and Via.

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 Posted on April 19, 2019 in Family Law

Divorced parents often try to stay in the same area in order to maximize both parents’ involvement in the lives of their children, but that is not always possible. One parent may have a career opportunity that requires relocation, or maybe they just want to move closer to their family. If the relocation distance is substantial, the other parent may object because it will affect parenting time with their children and add the burden of travel costs. These cases often must be argued in court.

What Distance Does Illinois Consider a Relocation?

Illinois law 750 ILCS 5/600(g) defines relocation in terms of the distance between the child’s current primary residence and the new address, as measured by an internet mapping service which provides a distance in miles driven.

If the child’s current primary residence is within the Chicago metro area of Cook, DuPage, Kane, Lake, McHenry, and Will Counties, a move of more than 25 miles is treated as a relocation.

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