Posted on June 09, 2016 in Immigration

When people talk about undocumented immigrants, they are often referring to those who have traveled over a border without permission. However, the term technically also applies to people who have overstayed a lawfully granted visa, or used that visa for an incorrect purpose. Anyone who accrues what is referred to as ‘unlawful presence’ can face serious consequences in the future.

Accruing Unlawful Presence

The major question that you should ask yourself is whether or not you accrued what United States Citizenship and Immigration Services (USCIS) calls unlawful presence. USCIS defines unlawful presence as remaining in the country after the expiration of the stay permitted by one’s visa without being admitted or paroled into the country. However, one does not accrue unlawful presence automatically—in many cases, a judge must specifically delineate time in the country as unlawful for it to count against someone in terms of immigration law. This is especially common among students, who are less likely to be issued Notices to Appear—schools are presumed to provide guidance to their international students on these matters.

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 Posted on June 02, 2016 in Immigration

Immigration to the U.S., especially on a temporary basis, has always been a difficult and complex endeavor. Perhaps the most easily confused set of rules revolves around the H1B visa, which is designated for foreign workers in ‘specialty’ occupations. Everything from the duration of stay, to the person applying for the visa and beyond has been brought into question; it is imperative that you understand what is true and required if you will be using the H1B visa to come to the United States.

Myth: You can apply for an H1B visa just like any other type of nonimmigrant visa, by completing an application and mailing it in.

False. H1B visas, because they are so in demand, are only available during a specific window, usually beginning on April 1 and ending whenever the cap has been reached. Unlike many nonimmigrant visas, H1Bs are capped by an act of Congress, mostly to restrict the potential adverse effects on U.S. citizen employment rates. Also, in most cases you yourself will not complete the relevant paperwork for an H1B, but rather the U.S. employer with whom you have formed a relationship. You will likely have to provide information, but the law actually requires that the employer be the one to submit the petition.

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 Posted on May 26, 2016 in Personal Injury

Spring weather across the nation is luring out motorcyclists onto highways and roads. While some drivers may view motorcycles as a risk or menace on the road, most motorcyclists are law abiding enthusiasts who have chosen a motorcycle over a car for various reasons. Yet whatever the reason, drivers are still wise in being cautious of motorcyclists.

Cars and motorcycles are involved in accidents daily—accidents which can cause significant personal injuries to both motorcyclists and others, in addition to property damage. Moreover, motorcyclists who “lane split,” or travel between actual lanes, can be a risk to themselves and to other cars and drivers.

Data from the California Enhanced Motorcycle Collision Data Project reports that 997 collision-involved motorcyclists, out of 5,969, were lane-splitting at the time of their collision. And while lane splitting may be considered actually safer for a rider, there are those who flout the law and create danger for others.

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 Posted on May 26, 2016 in Immigration

The concept of immigration proceedings can be very confusing for some, with misinformation constantly propagated about what occurs and what a court can do during such hearings. If you or a loved one has been placed into removal proceedings, the situation can be stressful, but all is not necessarily lost. Being aware of what exactly occurs at such proceedings can help ease fears.

The Master Calendar Hearing

The first step in the process is the master calendar hearing, and while it is not required that you bring an attorney, it is recommended. Regardless of whether or not you have one, you absolutely must attend this hearing—if you do not, you will almost certainly be ordered removed in absentia. In other words, the judge will assume that since you did not appear, you have no defense to the charge of removability.

Appearing at the master calendar hearing allows you to contest the allegations of removability, assuming you are able. If you cannot, you may still be able to negotiate what is referred to as voluntary departure. Voluntary departure is just that—voluntarily leaving the United States, rather than being deported. If someone is granted voluntary departure, it means that there will be no bar against his or her return, as there would be otherwise—he or she simply must obtain the appropriate visa abroad.

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 Posted on May 21, 2016 in Family Law

There is a growing custody trend in divorce – one that places children at the very forefront in a new and unconventional way. Known as “birdnesting,” it is receiving attention from celebrities, television shows, and everyday divorcees alike. The big appeal is that children are not uprooted or split between two homes during and after a divorce, and many swear it has helped their children with adjustment during and after the divorce. But is this custody arrangement right for your family? The answer may rest in why you are getting a divorce in the first place.

How Birdnesting Works

In a “conventional” divorce, parents share what is known as parenting time and the child may have two separate homes – one with each parent. Birdnesting is exactly the opposite – parents are the ones who alternate living space, and in some circumstances, they may even be under the same roof for a decent amount of time. And, typically, it is the same house they owned prior to the divorce.

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 Posted on May 19, 2016 in Personal Injury

When most people think of head injuries, they think of concussions: blows to the head experienced during major falls, automobile accidents, or while playing sports that can have lasting effects. There is, however, a lesser known but quieter, insidious type of head injury in which few people are aware. Experienced even during minor accidents or simple slips and falls, these injuries are slow-growing but can quickly and easily become fatal if not detected. These injuries are known as subdural hematomas.

What is a Subdural Hematoma?

Like concussions, subdural hematomas are injuries to the head. However, unlike concussions, subdural hematomas do not need a major blow to occur. They can occur because of a simple fall, or even just starting to fall and then catching yourself. Subdural hematomas can also occur even during a minor automobile accident, where the head is suddenly jolted or bumped so slightly that the injured person does not even remember or fully register the hit. Those who are aged 60 or older are most susceptible because of how the brain changes with age.

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 Posted on May 19, 2016 in Immigration

It is an unfortunate reality that many people in the United States are the victims of violence at the hands of their loved ones. While it is more common for women to experience such treatment, it affects men as well. Sometimes, it can become an issue of survival. If your abuser is a United States citizen or permanent resident, there may be a way out for you. The Violence Against Women Act (VAWA) permits battered spouses to apply for permanent residence to get away from their abusers (despite the title, both genders are encouraged to apply).

Can Any Immigrant Apply?

Upon its passage in 1994, VAWA only applied to women, though its benefits were later extended to those who identify as male or non-binary. It recognizes the necessity to allow non-citizens who meet the requirements and are the victims of domestic violence a chance to start a new life without their abuser’s presence. However, the immigrant must be either the spouse or child of their U.S. citizen or lawful permanent resident abuser, or the parent of their U.S. citizen abuser, to qualify under VAWA. You may also file as an abused spouse if your child has been abused by your U.S. citizen or permanent resident spouse.

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 Posted on May 13, 2016 in Family Law

In the state of Washington, grandparents are banding together to obtain legal rights to their grandchildren. But what does this mean, exactly? And how – if at all – does the law protect the rights of grandparents in Illinois? If you are a grandparent and are being denied visitation to your grandchild, the following will help you understand if and how Illinois’ grandparents’ rights statute applies to you.

How the Law Defines Grandparents’ Rights

Grandparents’ rights are not like parenting rights, nor do they overrule them. Instead, the Illinois statute 750 ILCS 5-602.9 simply acknowledges that you have the right to ask the court for legal permission to see your grandchildren. Depending on the situation, this request may or may not be granted, and it may or may not be considered “valid” by the courts. In fact, there are only a handful of situations in which you may legally pursue grandparents’ rights.

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 Posted on May 12, 2016 in Personal Injury

Car accidents occur daily, and some of the most deadly accidents are head-on collisions. These types of collisions can be caused in a variety of ways. Speed is usually the top offender, in addition to accidents caused by drivers who are drunk, drivers who are under the influence of drugs, or drivers who are distracted. The resulting impact on the loved ones left behind can be devastating.

Additionally, if someone is lucky enough to even survive a head-on collision, the ongoing care and convalescence involved can be lengthy and costly. Almost 100 fatal injuries occurred in Illinois in 2012 due to head on collisions.

Head-on Collisions

Head-on collisions account for roughly 10 percent of driving fatalities and usually occur because of another driver’s unintentional maneuver on the road. Unintentional maneuvers can occur when a driver is being reckless, speeding, fatigued, distracted, or is driving too fast for the road pattern or weather conditions. Even drunk drivers or those under the influence of drugs can contribute to this deadly type of motor vehicle accident. This negligence and recklessness creates a huge risk and does not bode well for law abiding, safe drivers and their innocent passengers when sharing the road.

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 Posted on May 12, 2016 in Immigration

Very often, the most vulnerable people seek asylum in the United States, fleeing oppressive and dangerous conditions in their home countries. Yet what many do not realize is that sometimes, the waiting for a decision can be arguably just as difficult and dangerous. This is especially true for transgender and non-gender-conforming people, who make up approximately one of every 500 immigrants, and an even higher proportion of asylum seekers. However, Immigration and Customs Enforcement (ICE) has begun to make changes to their policies regarding these potential asylees, which can only improve quality of life in general.

Is Gender Identity Covered by Asylum Law?

U.S. asylum law has its roots in the 1951 Geneva Convention and its 1967 protocol on refugees. The definition of a refugee propagated in the Convention is the one contained almost word for word in the U.S. Immigration & Nationality Act, and it permits application for asylum if someone is unable to obtain protection from, or return to, his or her country of nationality. If these criteria are met, there are five grounds on which someone may apply under U.S. law for asylum. Those grounds are race, religion, nationality, political opinion, or membership in a particular social group.

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