Posted on April 12, 2018 in Immigration

Most immigrants who petition for a stay of deportation or removal will do so based on a law they believe helps their case. Sometimes, however, an undocumented person has to depend on what is called a cancellation of removal, which is essentially prosecutorial discretion, allowing him or her to stay in the U.S., though he or she technically lacks the right to remain. Among the requirements that must be demonstrated, the immigrant must show at least “exceptional” hardship to a U.S. citizen if he or she was to be deported. This standard has become all but impossible to meet.

The Requirements

In order to qualify for cancellation of removal under the Immigration & Nationality Act (INA), three requirements must be met. The alien must (1) not have been convicted of certain offenses and generally been a person of “good moral character” during his or her stay in the United States; (2) resided in the U.S. for at least 7 years (or been physically present for 10, if he or she seeks to adjust status); and (3) he or she must establish that his or her removal would result in “exceptional and extremely unusual hardship” to his or her U.S. citizen (or lawful permanent resident) spouse, parent, or child.

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 Posted on April 12, 2018 in Personal Injury

When considering the reasons why teen drivers are more likely to be involved in car accidents in DuPage County than older drivers, one may assume that teens do not have the same skills as more experienced drivers. However, according to a recent study conducted at the University of California, Los Angeles and reported by CBS News, many teens performed better than older motorists, even when traversing some of the worst roads in the state. In other words, teens may have more technical driving skills than most of us. Why, then, do teen drivers have a higher rate of serious and fatal collisions?

Teens Have Higher Skill Ratings Than Older Drivers

The study looked at 100 novice drivers who were preparing for their driver’s license test. The drivers were not necessarily teens, but were simply inexperienced drivers who were just learning to drive. Generally speaking, the researchers determined that teen drivers tend to have a higher skill rating than even slightly older drivers, and that is true for both male and female drivers. While female teen drivers have less confidence in their driving skills than male teen drivers, the study showed no difference in skill set among male and female drivers. Where the difference comes in is age. To reiterate, teens tend to have better driving skills than older drivers.

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 Posted on April 09, 2018 in Family Law

Going through a divorce is difficult. Even if you have an amicable relationship with your soon to be ex-spouse, the process can be emotional and overwhelming. Regardless of your situation, you should remember to take care of yourself during this challenging time. This way, you can keep your physical and mental health under control. Here are seven tips for practicing self-care during divorce:

1. Get Enough Sleep

In order for your body and brain to function well, you should try to get seven to eight hours of sleep each evening. If you have trouble falling asleep and staying asleep because there is too much on your mind, try to take a warm bath, meditate, or listen to some soothing to relax your mind and get you in the mood for sleep.

2. Exercise Regularly

Even if you are busy and would rather sit on the couch and relax, you should make an effort to work out for at least 30-minutes a day. By doing so, you can avoid stress-induced weight gain and boost your levels of endorphins, which is the hormone that makes you happy.

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 Posted on April 04, 2018 in Immigration

Much ink has been spilled in recent months regarding the H1B visa, which is an employment-based non-immigrant visa that allows specialized professionals to work in the U.S. if sponsored by the relevant company. The current administration has made it clear that a reduced flow of such visas is a priority and, as such, there is a significant amount of misinformation surrounding the H1B visa as of this writing. If you are in a situation where you may apply for or receive one, it is important to understand the truth.

H1Bs Are Limited

Unlike many other visas, the H1B category is perpetually limited and oversubscribed, with demand far exceeding the cumulative 85,000 visas available each fiscal year. It is specifically limited to “specialty occupations,” the criteria for which is specified in the visa manual. A very small number of H1Bs are exempt from the cap, but not enough to make any substantive difference in the years-long queue.

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 Posted on April 04, 2018 in Personal Injury

Car crashes and truck accidents occur more often than they need to in DuPage County and on the highways running throughout the Chicago suburbs. And even when accidents cannot be prevented entirely, there are many ways that the severity of those collisions and the resulting injuries could be lessened.

However, according to a recent article in the Illinois News Network, there is not a lot of public support for making changes to the state’s safe driving laws. The Advocates for Highway and Auto Safety recently released a 2018 report on safe driving laws, but Illinois residents largely do not want to see any of these changes implemented.

Recommendations for Safe Driving Laws in Illinois

What does the report recommend in terms of changes to Illinois law when it comes to preventing auto accidents and increasing highway safety? Highlights include the following:

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 Posted on April 02, 2018 in Family Law

Divorcing parents have the right to collaborate and come up with a parenting plan that works for both of them. If they cannot come to an agreement, a judge will look at what is in the best interests of the children and design a parenting plan.

In many divorces, the goal is to give both parents close to equal parenting time. This way, each parent can play an active role in their children’s lives and children can be raised by both of their parents. Parenting time is granted to both parents unless there is some type of child endangerment issue.

Unfortunately, it is not uncommon for one parent to try to withhold parenting time from their ex-spouse. Let us dive deeper into what it means to withhold parenting time and what your options are when your ex takes away from your time with your children.

How Is Parenting Time Withheld?

There are several ways one parent may withhold parenting time from their ex spouse. A parent may drop off or return their children late or fail to bring their children to the other parent when they are supposed to.

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 Posted on March 30, 2018 in Immigration

In this day and age, immigration enforcement has taken on an angle that many see as cruel. Media in the U.S. and in other countries have spoken up regarding the behavior of Immigration & Customs Enforcement (ICE), and immigrant rights groups in the country are making certain that the issue remains at the forefront of discussion.

However, in the midst of the actions being taken against both documented and undocumented immigrants, it is imperative to remember that immigrants, especially the undocumented, have rights. You are entitled to due process, even if you are in ICE custody.

Due Process Rights Are Clear ...

Despite the protestations of talk radio and certain media and government outlets, many rights have been held to apply to the undocumented, mostly through jurisprudence rather than legislation. For example, the Supreme Court case of Plyler v. Doe (1982) grants all children the right to attend public school, regardless of immigration status, and the ruling in Almeida-Sanchez v. U.S. (1973) applies all First Amendment protections, including freedom of assembly, to the undocumented.

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 Posted on March 27, 2018 in Personal Injury

Automated vehicle technologies are designed to reduce serious and fatal car accidents, but do they actually work? We are not referring here to fully automated vehicles, but rather to technologies that already are in a high percentage of cars on the road, such as adaptive cruise control or a lane-departure warning system.

According to a recent article in The Drive, automation that removes human error from driving could one day help decrease accidents that killed more than 40,000 Americans last year. However, that statement assumes that drivers in DuPage County and throughout the country not only are willing to use automated technology, but that they also understand how it works and are using it properly.

Otherwise, according to a study conducted by the Insurance Institute for Highway Safety (IIHS), automated technology could end up having no impact at all on the rate of motor vehicle collisions. What do you need to know about the benefits and limitations of automated vehicle technology?

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 Posted on March 26, 2018 in Family Law

The majority of divorcing couples understand the purpose of child support and spousal support. However, only few have heard of and are familiar with unallocated support. Unallocated support can benefit both parties and is an effective way to settle support issues in some divorce cases.

Unallocated Support Defined

An unallocated support payment combines child support and spousal support. It is a viable option when the spouse paying the support has a substantial income and the spouse receiving it has minimal to no income.

Currently, the Internal Revenue Service or IRS allows the spouse paying this type of support to treat the entire amount as spousal support. This allows their entire payment to be tax-deductible because spousal support, not child support is tax deductible. In addition, the IRS requires the spouse receiving unallocated support to pay income taxes on the entire amount they receive.

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 Posted on March 22, 2018 in Immigration

With false and misinformed claims regarding family immigration in the news on a seemingly constant basis in recent weeks and months, it is imperative that accurate information find its way to the forefront of the discussion. With malicious claims of “chain migration” being commonplace, it matters that everyone who needs true information about family migration be able to access it.

MYTH: If you are a naturalized U.S. citizen, you can sponsor any member of your family to immigrate.

TRUTH: This is false. Family-based immigration is restricted in that a naturalized citizen may only sponsor his or her spouse, children, and if he or she is over age 21, his or her siblings and parents. However, the mere ability to sponsor someone does not mean that your family member’s path to legal status in the U.S. will be somehow faster than anyone else’s; it conveys no real advantage, given that every documented immigrant must go through the same process. Also, a sponsor does not mean that a person’s application will be vetted any less stringently than someone’s application for asylum or an employment-based application for status, despite more misleading and inaccurate claims being perpetuated by media and government officials.

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