Posted on October 04, 2018 in Immigration

While the current administration seems to be a never-ending Pandora’s box of nightmares for immigrants both documented and undocumented, one question that often comes up for those choosing to become U.S. citizens is whether or not newly gained naturalized citizenship can be lost. The answer is yes, but only in very specific situations - or at least, this was the case until the current administration came to power.

Voluntary Loss of Citizenship

It is possible for any U.S. citizen to voluntarily declare they no longer want their citizenship. This is called renunciation, and it effectively gives up all rights and privileges associated with being a U.S. citizen, including the right to live in the country without requiring a visa. It must be done in front of a U.S. consular officer or other official at an embassy abroad, and it must be stated clearly that the oath to renounce is being sworn with the full intent of giving up citizenship - if it is not, it has no legal effect.

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 Posted on October 02, 2018 in Personal Injury

Dog bites are somewhat rare. Nevertheless, owners bear a large responsibility to keep their animals from harming other people and can be held legally liable for injuries that result from an animal attack.

Illinois law is stringent about holding owners liable for the actions of their animals. This approach is in place to protect members of the public that have no reason to anticipate an animal attack, as well as to ensure owners take proper precautions to keep their animal from posing a danger. This responsibility is increased if animal control determines the dog should be labeled as “dangerous,” a designation assigned following an attack or threatening behavior.

The standards for labeling a dog as dangerous are set at the local level and the city of La Salle proposed expanding its dangerous dog ordinance to include attacks against other dogs, and not just people, as a qualifying event. The potential physical injury and emotional trauma these attacks can provoke are behind the strength of these ordinances, and victims of dog bites need to understand what their options are when these incidents occur. A look at the owner’s general liability for a dog bite, and what happens when an animal is declared dangerous, will follow below.

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 Posted on September 30, 2018 in Family Law

When most people think of marital assets that get divided in a divorce, things like houses, cars, and retirement accounts usually come to mind. However, there are various other types of assets that couples going through a divorce may have to divide. It is important to determine how these unusual assets will be divided early on in the divorce process to reduce the risk of headaches down the road.

Marital vs. Non-Marital Property

While marital property is divided in a divorce, non-marital property is not. According to the Illinois Marriage and Dissolution of Marriage Act, marital property includes any assets or debts that either spouse acquired while they were married. Anything else is considered non-marital property.

Examples of Unusual Assets

Unusual marital assets in a divorce can be tangible or intangible. Several examples of tangible assets that can be seen or touched include:

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 Posted on September 30, 2018 in Family Law

When most people think of the divorce legal process, they picture a courtroom and two spouses yelling at one another. While some divorce cases may look like this, the majority of them do not involve a judge or courtroom. Most divorces cases are actually resolved through negotiations between the spouses. Often times, the only role the judge has is to approve the agreement that a couple has reached.

Mediation is one of the most common ways divorcing couples come to agreements. It can save divorcing couples time and money while offering them scheduling flexibility and a greater say in what happens with their divorce. Mediation can also lead to increased privacy.

What is Mediation?

The purpose of mediation is to make it easier for couples to come to agreements. A mediator is a neutral third-party who makes sure that each spouse receives the opportunity to speak and explain how they feel and what they believe should happen. They also provide information about the legal system as well as how judges and lawyers view certain issues.

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 Posted on September 27, 2018 in Personal Injury

People are injured in slip and fall accidents on a daily basis, and depending upon the height of the fall, the type of surface, and the victim’s ability to react, these accidents can easily lead to serious injury. Slip and falls can happen anywhere, including at a store, a neighbor’s home, or a public sidewalk. All property owners, including the government, have a duty to keep their premises in a safe condition, and failure to do so can lead to legal liability if a person is injured as a result.

In Illinois, winter will be here soon enough, and everyone knows the dangers presented by the accumulation of snow and ice. A New Lenox man sued Lowe’s earlier this year after he fell on an uneven surface covered in water, ice, and snow. Given the fact that everyone faces this type of risk when they venture out of their homes, it is important to understand how the law addresses legal responsibility if a fall and injury do occur. In addition, people should understand how liability for the accumulation of snow and ice is handled under Illinois law.

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 Posted on September 25, 2018 in Immigration

A Notice To Appear (NTA) is a formal notice to someone that they are being placed in deportation proceedings. While receiving one normally can be quite intimidating, a recent, quietly enacted change in guidance regarding how NTAs are used can make them even more alarming, even to immigrants with documentation who entered the United States legally.

NTAs Sent Immediately

Under previous administrations, if a person was lawfully present in the United States on a valid visa, such as a student visa (F1) or foreign worker’s visa (H1B), and they wound up going out of status while in the process of renewing their visa or making plans to depart, U.S. Citizenship & Immigration Services (USCIS) would generally not bother to issue an NTA, even though technically these people were unlawfully present in the U.S. Unless evidence of fraudulent or otherwise criminal activity existed, most of those seeking to reapply were simply treated as though the grant of a new visa would occur.

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 Posted on September 25, 2018 in Family Law

Most people do not get married with the intention of getting divorce. In fact, most couples tie the knot and hope that they will enjoy many happy years together. Unfortunately, marital issues arise and are sometimes so severe that a divorce is in the future. Here is a list of five telltale signs your marriage may lead to divorce:

You Feel Put Down By Your Partner

In a healthy marriage, partners support one another and truly appreciate one another’s strengths. However, when a marriage is going downhill, one partner may constantly feel criticized and put down by their partner. Criticism is one of the major causes of divorce.

Your Partner Makes You Feel Lonely

Feelings of loneliness are dangerous in a marriage. They can lead to less affection or intimacy. If your partner makes you feel lonely, you may turn to a relative, friend, or co-worker to discuss your feelings as they seem to have more sympathy than your spouse.

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 Posted on September 20, 2018 in Personal Injury

The thought of being in any type of motor vehicle accident is scary for most people, because the consequences can be tragic. There is no way to completely mitigate the risks of traveling in a vehicle, since the actions of other drivers, as well as basic human error, are impossible to predict. However, trucking accidents present different and more concerning issues because of the damage commercial vehicles can easily cause to passenger vehicles.

If you see one roadside crash involving a semi-truck, the extent of the danger involved is immediately apparent. The likelihood of sustaining catastrophic or fatal injuries is much greater in these types of collisions, due to the sheer size and weight of these vehicles. In a recent example of the very real danger commercial trucks pose on the roads, a tanker truck carrying propane gas exploded outside of Bologna, Italy after rear-ending another vehicle. One person was killed and almost 70 were injured in the blast. The dangerous materials that commercial trucks transport on a regular basis is just one factor that differentiates truck accidents from regular car accidents.

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 Posted on September 18, 2018 in Immigration

With the events occurring at the U.S. border in recent months, a near tidal wave of misinformation has been going around regarding asylum and refugee status, and many people are misinformed about the immigration laws and procedures surrounding this hot-button issue. For both U.S. citizens and incoming immigrants, it is absolutely crucial to understand what asylum actually is and what it is not. Failure to do so can jeopardize your or a loved one’s immigration claim and render them inadmissible or even deportable. The stakes are too high to buy into misinformation.

Myth: No One at the Southern Border of the U.S. Should Get Asylum, Because They Crossed Into the Country Illegally.

False - The United States is a signatory to the Geneva Convention, having signed it and ratified it into law in 1955. Article 31 of that convention states explicitly that those seeking asylum should not be penalized on account of illegal entry if they have come from a country where their life or freedom is threatened. Some might argue that many are coming from Mexico, rather than from their home countries, but the Article is open to interpretation. Besides, Mexico is decidedly unsafe for many undocumented people as well.

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 Posted on September 18, 2018 in Family Law

Last year, Illinois adopted the income shares model to calculate child support. With this model, the way child is calculated in Illinois has significantly changed. If you are going through a divorce and wondering how the income share model will impact the amount of money you may receive or be required to pay, keep reading.

The Benefits of the Income Shares Model

The income shares model is used in the majority of states and can effectively address the needs of each child while taking the financial well-being of each parent into account. In the past, Illinois only considered the income of the parent who was responsible for paying child support. Now, each child is provided with the same amount of support they would receive if their parents were still married.

Details of the Income Shares Model

There are several details of the income shares model that are essential to understand. In the event a parent is paying court-ordered child support in a case that is completely separate and unrelated, the amount being paid will be subtracted from their gross income.

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