Posted on August 09, 2018 in Immigration

While most immigrants who arrive in the United States seek to work in others’ businesses, there are a small amount who seek to start businesses of their own, and to employ others. The previous administration had sought to institute a rule called the International Entrepreneur Rule (IER) which would permit certain potential immigrants to be paroled into the U.S. if they met certain criteria. However, as of May 25, 2018, this rule is slated to be rescinded if no sufficient challenge is mounted. Immigrants who plan to start businesses in the U.S., or who work for an immigrant-owned business, should be aware of this because it may affect their employment status, or even their immigration status.

Rule Created Jobs

At the time of its issuance, the IER was hailed as a positive development because of its potential to create jobs for U.S. citizens and immigrants alike. If a potential immigrant was able to show that he or she (1) possessed a “substantial interest” in a startup created in the U.S. in the past 5 years and were in a position to help that company grow; and (2) that he or she and the company could provide a “significant public benefit” to the country via domestic and foreign investment and job creation (or otherwise merited an exercise of discretion), then he or she would be paroled into the country for a specific period of time. The presence of these well-placed people was a general net positive for many companies.

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 Posted on August 08, 2018 in Personal Injury

The U.S. Centers for Disease Control and Prevention (CDC) explains that older adults are often at greater risk of being involved in a car accident than younger drivers. At the same time, there are more than 40 million adults aged 65 and older, and they rely on their ability to drive in order to remain independent. Yet, the CDC emphasizes that the risk of being hurt or killed in an accident increases with age.

One of the reasons why aging increases a person’s accident risk is diminishing eyesight. According to a recent article in Reuters, older drivers who have elective cataract surgery may decrease their chances of getting into traffic accidents.

New Study Shows Cataract Patients Who Have Surgery May Lower Their Auto Accident Risk

The Reuters article discusses a recent study reported in the journal JAMA Ophthalmology. According to the study, compared to their chances of an accident prior to surgery, drivers who had cataracts were 9 percent less likely to be involved in crashes afterwards. In order for elective cataracts surgery to be effective in reducing the rate of auto accidents, the authors of the study predict that more than 4,500 patients would need to receive the surgery each year in order to prevent a collision.

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 Posted on August 04, 2018 in Immigration

As if the news of the United States government’s losing track of 1,475 unaccompanied minor children ostensibly placed with sponsors was not cause enough for concern, a recent proposal from the Department of Homeland Security (DHS) seeks to further modify the latitude that the federal government is able to exercise over the treatment of child detainees. While still a working draft, the proposal is replete with potential modifications that would allow leeway for legitimized abuses of power that would appear to serve no purpose other than the exercise of that power. It is imperative that parents be aware of the proposed changes, so that they may be better prepared to work against them if it is ever required in their situation.

Transfers and Detentions

Perhaps the most immediate threat is that the proposal seeks to modify transfer regulations and to alter the rules surrounding separating families in detention. As of this writing, a document called the Flores Settlement Agreement serves as a federal consent decree governing the treatment and transfer of people in federal immigration custody, and limits the detention of children in immigration jails, instead requiring their transfer to a family residence facility within 5 days. The current administration would seek to relax that period, potentially opening the door to confining children of all ages in detention facilities, without access to important necessities.

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 Posted on August 03, 2018 in Personal Injury

We often hear about the dangers of drinking and driving in Lombard and throughout Chicagoland. For instance, the U.S. Centers for Disease Control and Prevention (CDC) reports that more than 10,000 people suffer fatal injuries in alcohol-impaired accidents each year, and drunk driving causes nearly 30 percent of all reported motor vehicle crash deaths in the United States. In addition, more than one million drivers are arrested each year for DUIs, and about 111 million drivers admit to drinking and driving. To be clear, drunk driving is a serious problem that leads to deadly motor vehicle crashes. What about other forms of impairment? According to a recent article in the chtribune, more drivers are causing drugged driving accidents than ever before.

Growing Dangers of Drugged Driving Crashes

If you thought drunk driving was a serious problem, it is time to recognize that drugged driving has also become a significant cause of serious and sometimes fatal traffic collisions. Indeed, according to the article, an increasing percentage of drivers who die in road accidents test positive for drugs. In order to combat the problem, the Governors Highway Safety Association (GHSA) emphasizes that states must do a better job of educating the general public and law enforcement on the risks of driving while on marijuana, opioids, and other substances.

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 Posted on July 27, 2018 in Family Law

Some parents work in an industry where their income varies on a weekly, monthly, and/or yearly basis. They may work overtime, work on commission, or frequently receive bonuses. When this occurs, it can be more difficult to calculate the appropriate amount of child support they may be required to owe. Let’s take a closer look at how child support in Illinois is calculated when the parent who owes it does not have a steady, predictable income.

Using the Historical Average

When a parent’s income fluctuates, using the historical average of their income for a certain amount of preceding months may help determine a monthly income, which can be used to figure out a child support amount. In the event a parent’s income drastically changes, a child support modification may be necessary.

Using a Base Child Support Figure

One of the most accurate ways to calculate child support when there is inconsistent income is establishing a base child support amount that is based on income prior to overtime, commissions, and bonuses. The base child support amount can be supplemented on a monthly basis and based on an income percentage above the base amount.

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 Posted on July 27, 2018 in Immigration

It is generally understood that when someone commits a crime, he or she is tried, convicted if enough evidence exists, and then goes to serve his or her sentence. However, if the defendant is an immigrant (documented or undocumented), then a criminal conviction can have further consequences which can, in certain circumstances, impede his or her ability to remain in the country. If you are a non-citizen accused of a crime, it is absolutely critical that you and your attorney understand what not to do in criminal matters.

Immigration Law is Severe

United States immigration law holds that in all but unusual situations, those who commit certain crimes are immediately rendered removable from the country. There are two types of crimes that will render a person removable. The first is called a crime of moral turpitude (CIMT), and the Immigration and Nationality Act holds that if a person commits two CIMTs in the period since his or her admission to the country, or if he or she commits one in his or her first 5 years in country where the maximum sentence is more than one year. It is important to understand that the maximum must be more than one year — it does not matter if the defendant received a lesser sentence; if the maximum is over 365 days, the defendant is deportable.

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 Posted on July 27, 2018 in Personal Injury

When we think about pedestrians getting hurt in car accidents in Lombard and throughout DuPage County, we often think about negligent automobile drivers and others who are not on foot when the crash occurs. However, sometimes pedestrians can be at least partially to blame for a collision involving distracted walking. We consider the risks of distracted driving with much frequency, and laws are even in place in Illinois to prevent motorists from texting while driving. However, similar laws do not exist to ban texting while walking on city streets, and safety advocates suggest that distracted walking can play a significant role in the rates of motor vehicle collisions involving pedestrian injuries and deaths.

In other words, looking down at your cell phone to text or surf the Internet—or even simply listening to music and avoiding the environment around you—while you are on foot can mean the difference between life and death. Consider the following information provided by the American Academy of Orthopaedic Surgeons (AAOS) about distracted walking.

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 Posted on July 20, 2018 in Family Law

Divorces are stressful, especially when children are involved. If you are a parent going through a divorce, you may desire custody of your child and have a spouse that you believe is unfit for child care. Fortunately, there are certain tips that can help you win a child custody battle and protect the best interests of your child. These tips include:

1. Remain Calm

Although it is easier said than done, remaining calm in court is crucial. A judge is more likely to award child custody to a parent who is collected and open to communicating about their child’s upbringing. By remaining calm and communicating effectively with your spouse, you can improve your chances of winning.

2. Bring Documentation

If you believe your spouse is unsuited to care for your child, you need evidence to prove your claim. Bring as much documentation as you can to serve as evidence. You can keep a log of every time your spouse forgets to pick your child up or yells at them. Be sure to also jot down whenever your child feels angry or upset after spending time with your spouse.

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 Posted on July 19, 2018 in Immigration

Since the beginning of 2018, the current Attorney General has set aside at least four rulings handed down by the Board of Immigration Appeals (BIA), which is a subsidiary of the Justice Department dedicated exclusively to appeals from immigration judges’ rulings. Instead of allowing the BIA’s rulings to stand, he has taken these cases from its jurisdiction. Given the rarity of this action in most administrations, immigration professionals are postulating that one of these, Matter of A-B-, may be used as a test case of sorts against the rights of asylum applicants who have experienced domestic violence. If the Attorney General rules against the appellant in Matter of A-B-, it may sentence domestic violence victims to death upon their return to their home country.

Can Domestic Violence Victims Get Asylum?

Both the 1951 Geneva Convention and U.S. immigration law normally define a refugee or asylee as someone who is “unable or unwilling to return to his or her country of nationality, or to seek the protection of that country because of [past] persecution,” or a well-founded fear of persecution. That persecution must be based on one of five unchanging characteristics—race, religion, nationality, political opinion, or membership in a particular social group. Under U.S. law, the state must either be the agent of persecution, or it must be shown that the state either cannot or will not stop the persecution.

It is because of this last caveat that the applicant in Matter of R-A- (2009) was able to obtain asylum. The applicant was a Guatemalan woman, the wife of a man who repeatedly physically assaulted her, and given his connections in Guatemalan society, she alleged that she was not able to be safe anywhere in her country. The BIA held that the applicant had demonstrated that the state was unwilling or unable to stop what amounted to persecution based on her membership in a particular social group (domestic violence victims with specific characteristics), and as such, granted the applicant asylum. The law on these issues has been refined since 2009, but the fundamental crux of the issue is that domestic violence victims have been able to get asylum in the U.S. if all the relevant facts have been demonstrated to the satisfaction of the authorities.

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 Posted on July 19, 2018 in Personal Injury

Residents of DuPage County can be at risk of a pedestrian accident involving a distracted motorist almost anywhere, from a parking lot in Lombard to a crosswalk in downtown Chicago. Does it seem like you are hearing about more and more pedestrian accidents that result in serious and fatal injuries? According to a recent report from the Insurance Institute for Highway Safety (IIHS), pedestrian deaths have indeed increased recently. Since 2009, the rate of deadly pedestrian accidents has risen by 46 percent, and pedestrian crashes have become both deadlier and more frequent, according to the report.

While fatal pedestrian accidents are on the rise, the IIHS report suggests that there may be some solutions. Furthermore, curbing distracted walking behaviors can help to keep pedestrians focused so that they can avoid dangerous collisions with automobiles.

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