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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 Posted on July 13, 2018 in Family Law

If you are getting divorced, you may be worried about the high expenses you may face. After all, attorney’s fees, court costs, and other expenses can take a toll on your finances. Fortunately, however, there are ways you can reduce costs in your divorce case. Here are five money saving tips you should keep in mind:

1. Stay Organized

You can reduce how often you need to consult your lawyer and save money on your divorce by simply staying organized. Keep all of your important documents tidy and make sure they can be accessed easily. Remember that the more time you spend calling your lawyer to ask questions about paperwork you cannot find, the more money you will spend.

2. Be Collaborative

The most expensive divorce cases are the ones that involve couples who cannot agree on anything. If you make an effort to work with your spouse, you can avoid a long, drawn out divorce that could hinder your finances. By coming to agreements with your spouse, you can save thousands on attorney fees and court costs.

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 Posted on July 12, 2018 in Immigration

Many immigrants who have lived in the U.S. for years make the decision to become naturalized citizens. In order to naturalize, a person must go through an interview in addition to submitting an application and documentation. However, some applicants are not able to meet the criteria and accommodations must be sought. If you are disabled or otherwise unable to meet one of the requirements for the interview, there is a procedure that must be followed.

General Accommodations & Exceptions

While age or other certain conditions are not considered disabilities, per se, it is possible sometimes to seek accommodation for an elderly applicant or for someone who has another condition that may not rise to the level of medical disability.

Age is perhaps the most common reason why people seek accommodation, and U.S. Citizenship & Immigration Services (USCIS) does grant certain exemptions and workarounds to the elderly. For example, if a person is over the age of 50 and has lived in the U.S. as a permanent resident for 20 years or more, then he or she is exempt from taking the otherwise-required English language tests.

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 Posted on July 12, 2018 in Personal Injury

Earlier this spring, a self-driving car struck and killed a woman, and it made national news. News about the deadly pedestrian accident involving an autonomous vehicle has increased the public’s concerns about the safety of self-driving cars. Can autonomous technology really prevent auto accidents, or do we need to be more concerned about software mistakes and other technological errors that could lead to deadly collisions between self-driving vehicles and pedestrians?

According to a recent article in U.S. News & World Report, drivers are more skeptical than ever of the safety value of self-driving cars, and many believe that they are likely to cause more car crashes than to prevent them. The study reports that, in order for people to trust autonomous technology, they would need evidence that it is significantly safer than human drivers.

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 Posted on July 06, 2018 in Family Law

If you are a single parent, you may find time management challenging. Fortunately, we have compiled this handy list of time management skills to help you save time and stress as you follow your parenting plan and try to juggle your other duties.

1. Do Not Be a Perfectionist

You should accept the fact that there is no such thing as a perfect parent. By trying to be perfect, you can add more stress to your life. Rather than being a perfectionist, strive to be good enough. If you forget to do something or are unable to complete a task, tell yourself it is okay and move on.

2. Opt for Grocery Delivery

Shopping for groceries can take up a great deal of your precious time and energy. If you would prefer to skip the grocery store every week, consider investing in a grocery delivery service. You can order your groceries online and have them delivered right to your doorstep.

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 Posted on July 03, 2018 in Immigration

On April 17, 2018, the U.S. Supreme Court issued a decision in the case of Sessions v. Dimaya, which effectively struck down a law called the Armed Career Criminal Act (ACCA) as being void for vagueness. In other words, the provisions of ACCA that had been used to render immigrants deportable were held to be too vague to be used as applicable immigration law. The question many might ask is whether or not this ruling could affect pending cases before an immigration judge.

Aggravated Felonies and ACCA

The Armed Career Criminal Act was passed in 1984, and it grants the power to courts to impose additional sentence enhancements on felons who commit three or more violent felonies or “serious drug offenses,” allowing for a 15-year minimum instead of a 10-year minimum. This law’s residual clause has also been construed as holding that immigrants who qualify for sentencing enhancements under the ACCA are removable, because ‘crimes of violence’ or violent felonies almost always qualify as deportable offenses under the Immigration & Nationality Act (INA).

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 Posted on July 03, 2018 in Personal Injury

If you are planning a family road trip this summer that takes you away from DuPage County, it is important to consider the risks of a serious car accident while you are on the road. No one plans for a devastating motor vehicle collision, but they happen more often than most of us assume, and they frequently occur because of another driver’s negligence.

While negligence can take many forms, one of the more frequent reasons for crashes during extended road trips is drowsy driving. It is more difficult for a driver to stay alert—and to stay awake—behind the wheel after hours on the road without a break. According to a recent article in the Claims Journal, auto accidents caused by drowsy driving are more likely to occur farther away from rest stops.

Rest Areas Help to Prevent Fatigued Driving Crashes on Highways

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 Posted on June 29, 2018 in Family Law

When you make the decision to go through a divorce, you may be wondering where you should live. The answer to this question depends on the circumstances of your particular case. Let’s take a closer look at all of your living options.

Remain in the Marital Home

In most cases, one spouse stays in the marital home while the other spouse moves out. This is particularly true if children are involved. However, figuring out which spouse gets to stay in the home and which one needs to move out is rarely an easy task.

Since your home is likely your largest investment and most prized possession, it can be difficult for you to leave it. Be sure to remember that even if you do move out during the divorce process, the ownership of the home will not be finalized until the property division has been negotiated in your divorce settlement. Therefore, moving out of your home during divorce does not necessarily mean you are handing it over to your spouse.

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 Posted on June 26, 2018 in Immigration

When someone enters the United States, he or she either does so at an inspection point, like an airport or shipyard, or he or she enters without inspection, by slipping over a border. Entering without inspection (EWI) does make someone undocumented, but many people become confused about the true meaning of EWI and its potential immigration consequences.

Inadmissible vs. Removable

One of the most important misconceptions about EWI is what it means to one’s immigration status. If someone is lawfully present in the U.S. and commits a crime or overstays his or her visa, then he or she becomes removable. In other words, he or she is able to be removed from the country. However, someone who has never been lawfully present in the U.S. cannot technically be removable, because he or she is legally not present. He or she is deemed to be inadmissible instead — one of many grounds for inadmissibility listed in U.S. immigration law.

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