Posted on October 24, 2016 in Immigration

When a person decides to become a naturalized U.S. citizen, he or she must meet a number of requirements in order to be considered. Two of these requirements are that the person must have maintained continuous residence in the United States for either three or 5 years (depending on the situation), and he or she must have been physically present for a certain amount of time as well. This can be extremely confusing for many applicants—two concepts are similar, but not necessarily related. It is very important to have an accurate understanding of these ideas before sending in naturalization paperwork.

Physical Presence

While physical presence may seem fairly self-explanatory, in reality it can become quite complex. There are a multitude of technicalities that may render presence unlawful or otherwise unable to be counted. Additionally, even after factoring these possibilities, what many people miss is that they must be able to show they were physically present in the United States for at least half of the five-year statutory period before applying for naturalization. It is not uncommon, for example, for applicants to see that they must be able to show that they have been physically present for 30 months, without reading that the 30 months must be within that five-year (60 month) period.

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 Posted on October 24, 2016 in Personal Injury

Each year, approximately 4,000 people are killed in trucking accidents and another 100,000 are injured. That is approximately 11 deaths and 284 injuries per day. The only thing more concerning is how the numbers are rising, causing more and more deaths and injuries, each and every year. Yet there has not been a national outcry, and very few people are even discussing what is really happening here. It is time for that to change. If you or someone you love has been injured or killed in a trucking accident, learn how you can fight back and maybe even help make the roads safer for others.

Cost of Doing Business? We Think Not

Safety advocates have been pushing for tighter regulations for some time now, but trucking companies have been bucking them every step of the way. True, it is an industry where turnover rates are high. The pay is not great, especially when you consider the hours and extended tie away from family. Yet none of this really serves as an excuse for poor regulation, for keeping drivers behind the wheel that have racked up multiple infractions, or for trying to go around the system when the company itself is shut down for violations. The accidents are not the cost of doing business; they are the result of a too-loose system for an industry capable of doing tremendous damage.

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 Posted on October 18, 2016 in Family Law

While it has been said that “money is the root of all evil,” there is really nothing wrong with wanting or needing financial stability. In fact, in this day and age, financial stability is absolutely crucial when it comes to protecting your overall health and wellness. So how do you ensure you get your fair share in high asset divorce? The following explains further.

A Battlefield or a Place of Compromise?

Sadly, the fight over money in divorce can (and sometimes does) turn court into a battlefield. Couples who once loved each other wage war and sometimes even engage in sneaky and underhanded tactics in order to keep their fair share. In these situations, it is critical that you have a legal representative who is willing to protect your rights – preferably one who is also experienced in handling high asset divorces and high conflict litigation proceedings. Yet this is not always a requirement. In fact, if you instinctively pursue the kind of attorney that starts out swinging, you could turn what might have been an amicable divorce into a highly contentious one. As such, it is important that you also seek an attorney who knows how to protect your interests in peaceable negotiations.

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 Posted on October 18, 2016 in Personal Injury

Although dogs are seen as four-legged, happy companions to millions of families around the country, the beloved Fido can also be a feared enemy.

Dog bites occur every 75 seconds in the United States. Each day, over 1,000 citizens require emergency medical care to treat these injuries. Moreover, children are often the ones who suffer the most horrific injuries from dog attacks, including mauling which tears at the skin and can disfigure a little body for life. The emotional scarring runs deep and can involve lasting effects.

Fear and Apprehension

When bitten by a dog, both physical injury and mental anguish or emotional distress may occur. Therefore, it is possible for other manifestations to result and include the following:

• A fear of dogs in general;
• Stress and anxiety when thinking back to the event;
• Nightmares and/or insomnia;

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 Posted on October 18, 2016 in Immigration

United States immigration law is an extremely diverse and complex body of regulations that changes without warning. It is understandable that some visa or green card applicants might conceivably be left without options if their circumstances abruptly change. To help those that might be caught in this kind of situation, Congress passed the Legal Immigration Family Equity Act (LIFE Act) in 2000. While it may not fit the facts of your situation, it is worth investigating to see if it might.

Passage & Criteria

The LIFE Act was signed into law in December 2000, and its provisions allow some who might normally be ineligible to apply for a green card (referred to in official documents as lawful permanent resident or LPR status) to do so if the appropriate petition or labor certification has been filed for them before April 30, 2001. While this may seem outdated or irrelevant, in reality it still has quite a bit of relevance for potential immigrants from specific countries. For example, the priority date (the number that must come up before your visa may be granted) for certain categories of immigrants from India or Mexico is still listed as being in the 1990s—in other words, the queue to obtain a U.S. visa or green card is more than 20 years long.

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 Posted on October 12, 2016 in Family Law

Each year there are 18,500,000 mental health care visits due to intimate partner violence. However, there are also many domestic violence incidents that go unreported. This could be due to a number of reasons, being that the victim becomes afraid of their abuser. As such, it is important to communicate to loved ones if and when an abusive situation occurs.

You Have Options

One way to put an end to domestic violence in Illinois is to seek an order of protection. There are multiple reasons you can use this option:

• Intimidation,
• Stalking,
• Harassment,
• Physical harment,
• Willful deprivation,
• Exploitation, and
• Interference with personal autonomy.

October is National Domestic Violence Awareness Month

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 Posted on October 11, 2016 in Family Law

In divorce, the first legal step is to notify the other party (your spouse). Historically, this has been done in person, or by way of newspaper if the party could not be located. Yet, as newspapers are being perused less and less frequently, and the use of social media grows, some courts are considering the option of serving divorce papers via social media. Could this be the next big thing in divorce, or are we treading on dangerous waters?

Woman in New York Legally Serves Husband on Facebook

Last year, a woman in New York spent several years trying to track down her husband. She even hired a private eye. When her efforts failed, she turned to the court and asked if she could serve him divorce papers through Facebook. The court agreed, but with a catch.

The woman had to prove that her husband owned the account, and that he regularly logged into his account and would therefore see the summons. Further, the transmittal had to be repeated once a week for three consecutive weeks, and the woman and her attorney had to attempt to reach the man by other means to let him know the papers had been sent.

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 Posted on October 11, 2016 in Immigration

Applying for asylum is one of the most difficult undertakings one can attempt, and approximately 49 percent of claims are denied each year. If yours is one of them, you may be at a loss as to how to proceed after you receive the immigration judge’s verdict. It can be critical for you to know your rights, lest you wind up having to leave the United States when it may not in truth be necessary.

Requesting a Reopening

In most situations, there is one method to try before submitting a formal appeal, and that is to request a reopening of your asylum case. However, in order to be considered for such an option, you must be able to show that you have new or different evidence; a reopening is not a de novo review. In other words, the court will not review the entire case anew, rather they will only evaluate the case vis-a-vis the new evidence you introduce.

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 Posted on October 10, 2016 in Personal Injury

It is hard to not feel outraged when you spot an intoxicated driver, especially considering how many lives the driver is putting at risk. You may become so irritated, in fact, that you attempt to stop him or her from driving, and thereby keep the driver from doing harm to others. Unfortunately, this Good Samaritan kind of act could actually be just as dangerous. Learn how to appropriately handle an intoxicated driver, and what your options are, should you or someone you love encounter one.

Never Try to Stop an Intoxicated Driver

While it might seem like the right thing to do in the heat of the moment, you should never attempt to stop an intoxicated driver yourself. At best, the actions of an intoxicated driver are unpredictable, and by trying to shadow the driver, pull up next to him or her, or otherwise interact with the driver can increase your risk of an accident. Moreover, these actions can also put those around you at an increased risk for an accident, injury, or death. Instead, if you spot an intoxicated driver, take down his or her license plate number and call the authorities.

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 Posted on October 04, 2016 in Family Law

The decision to divorce is a personal one with potentially long-lasting implications. Many couples struggle with the idea of abandoning their vows. When you add children into the mix, things become even more complicated. There is more at stake, and parents may feel strongly about setting a good example for their children. Yet there are circumstances in which the choice to stay together, “for better or for worse,” may actually do more harm than good.

Abuse of Any Kind Can Be Detrimental to Children

Abuse – whether financial, physical, emotional, or sexual – can be detrimental to children, even if the child is not the target. In fact, one study found that children who grow up in violent homes are affected much in the same way that soldiers are in combat. Their brains become increasingly wary of potential threats, and they may be at a higher risk for mental health problems, such as post-traumatic stress disorder, anxiety, and/or depression. Furthermore, it is important to understand that abuse can (and often does) escalate over time. Your children could be at future risk of abuse themselves, or they could end up caught in the crossfire. If you are struggling with abuse of any kind, contact our lawyers for help.

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