Posted on February 05, 2021 in Immigration

On February 2, President Biden continued his executive action on immigration by signing three new executive orders, including one that addresses processing and eligibility criteria for those seeking asylum in the United States.. The order is part of what the Biden administration describes as a more compassionate and humane approach to the immigration system. It is important to understand the implications this order may have if you or a family member is seeking asylum to remain lawfully in the United States.

Changes to U.S. Asylum Policy

In large part, the president’s new executive order deals with the processing of asylum seekers at the Mexican border. The order provides for the review, termination, or revocation of several executive actions and policies instituted by the Trump administration. Perhaps most notably, it includes a direction to review and stop enrollment in the Migrant Protections Protocols program, which requires asylum seekers to remain in Mexico while their case is processed. The order also states that health and safety concerns, including those related to the ongoing COVID-19 pandemic, should be considered when processing asylum claims.

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 Posted on February 04, 2021 in Family Law

Most people are aware that when a couple gets a divorce, they will need to reach a resolution on important issues including the division of marital property and the allocation of parental responsibilities. However, there are many other implications of the divorce process that may not be immediately apparent. One such issue is continued health insurance coverage for a spouse or child.

This issue is of particular relevance now, when many families are struggling with health problems related to COVID-19, or the risk of contracting the coronavirus. If you are concerned about losing access to affordable health care at a time when you need it most, you may have even decided to delay your divorce or pursue a legal separation while remaining legally married. However, it is important to know that if you decide to move forward with your divorce, there are options for maintaining coverage.

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 Posted on January 26, 2021 in Personal Injury

If you have been injured in an accident with a large commercial truck, one of the most important things to determine is whether the accident was caused entirely by the actions of the truck driver, or if there were other contributing factors behind the scenes that may point to the negligence of other parties. One such factor in many truck accidents is cargo that has been improperly secured. An attorney who understands how loose cargo contributes to accidents can help you gather important evidence to support your claim and pursue all possible options for compensation.

How Does Loose Cargo Cause an Illinois Truck Crash?

A truck’s cargo load often weighs tens of thousands of pounds, and in order for a driver to safely transport this heavy cargo, it must be appropriately distributed throughout the trailer. Cargo that is not held securely in place can shift while the truck is on the road, throwing off the weight distribution and the truck’s balance. This can cause the driver to lose control of the vehicle, in many cases leading to a rollover accident.

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 Posted on January 22, 2021 in Immigration

Since Joe Biden’s inauguration as the 46th President of the United States on January 20, he has already been busy with several executive orders that signal major policy changes from the previous administration. Several of President Biden’s orders have been directly related to immigration policy, and they may offer new hope to people who are seeking to immigrate to or remain in the U.S.

Biden’s Immigration Orders

President Biden’s early executive orders regarding immigration include:

• A lift of the Trump administration’s travel ban: This order revokes a 2017 order issued by the Trump administration that barred citizens of several countries, including many with predominantly Muslim populations, from acquiring visas. Biden’s order will resume application processing for these visas, potentially allowing citizens of these countries to legally immigrate to the U.S. provided that they meet eligibility requirements.

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 Posted on January 22, 2021 in Family Law

Since 2017, Illinois has used a calculation for determining basic child support obligations that factors in both parents’ incomes, as well as certain other criteria including parenting time and the number of children in question. This calculation often leads to a fair outcome that considers both parents’ responsibility to provide for their children, as well as their financial ability to do so. However, every family is different, and there are cases in which the calculation is not fully adequate to meet a family’s needs. In these cases, an Illinois court can deviate from the calculation to issue an appropriate order.

Reasons for Child Support Order Adjustments

A variety of circumstances may lead the court to make an adjustment to the basic child support calculation or use a different method for determining a parent’s child support obligation. Some possible factors that may be considered include:

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 Posted on January 11, 2021 in Personal Injury

Being injured in a car crash is stressful enough on its own, but it can be even more difficult when the driver responsible for the collision flees the scene, calling into question your ability to hold him or her accountable for your damages through a personal injury lawsuit. However, you do have options after a hit-and-run accident, and in many cases it is even possible to identify and locate the at-fault driver.

What Should I Do If I Am Injured in a Hit-and-Run?

Although the other driver may leave the scene after the accident, it is best for you to stay put and call 911. This can not only ensure that you get the immediate medical attention you need for your injuries, but also notify law enforcement so that they can come to the scene of the crash and create a report.

An officer may ask you and other witnesses for details regarding the circumstances of the accident, as well as any possible identifying features of the at-fault driver. Leaving the scene of a crash involving injury or death is a felony offense in Illinois, and law enforcement will often be motivated to investigate and apprehend the suspected offender. Any information you can provide regarding the appearance of the vehicle or the driver, the driver’s license plate number, or the direction in which the driver fled can help officers find the driver and notify you of their identity so that you can file a claim against them.

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 Posted on January 08, 2021 in Immigration

Coming to the United States on an H-1B visa can be challenging. Even if a person meets the qualifications based on their education and specialized knowledge and skills, approval of the visa may still be delayed as a result of the annual cap on H-1B visas that is enforced by U.S. Citizenship and Immigration Services (USCIS). However, some H-1B applicants qualify for exemptions that can expedite the process. An experienced immigration lawyer can help you understand whether one of these exemptions may apply in your case and ensure that you take the necessary steps to benefit from it.

Who is Exempt From the H-1B Cap?

As of 2021, the annual cap on H-1B visas is 65,000, meaning that if applications are filed on behalf of more than 65,000 people within a fiscal year, many of those applications may be denied, or at least delayed to the following year. However, there is an exemption available if the beneficiary of the application has an advanced degree, meaning a master’s degree or higher from a U.S. institution in a field relevant to the qualifications for the position in which the beneficiary would be working. An additional 20,000 visas are available for people who qualify for this advanced degree exemption, raising the total amount of annual H-1B visas that may be approved to 85,000.

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 Posted on January 06, 2021 in Family Law

When a couple chooses to get a divorce, the process of dividing marital assets is likely to cause some conflict. Each party may have personal attachments to certain properties, and while it is sometimes fairly straightforward to reach an agreement that satisfies each person’s needs and wishes, certain kinds of properties are especially complicated. When it comes to dividing these properties, it is helpful to have the guidance of an experienced attorney who can help you protect your interests and avoid financial losses.

3 Properties That May Cause Conflict During a Divorce

Typically, the properties that are hardest to divide are those that have the highest value and that both parties rely on. These may include:

1. Retirement accounts: In Illinois, contributions to retirement accounts that were made during a marriage are usually considered marital property, even if the account is listed in one party’s name or funded through contributions from one party’s paycheck. The necessity of dividing a retirement account can affect both party’s retirement plans, and it can result in significant losses if you are not careful about how you divide it. Many retirement accounts must be divided in accordance with a Qualified Domestic Relations Order (QDRO) to prevent early withdrawal penalties and other tax implications.

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 Posted on December 28, 2020 in Immigration

Immigrating to the U.S. and achieving lawful permanent resident status or citizenship is a significant accomplishment, but if you have family members who still live outside of the U.S., it may be important for you to help them legally immigrate as well so that you can be together. U.S. Citizenship and Immigration Services (USCIS) has a process that makes family immigration possible, and an attorney can help you navigate this process so that you can reunite with your loved ones.

Which Family Members Have Immigration Priority?

The process of petitioning for lawful permanent residency is easier for some family members than others. If you are a born or naturalized U.S. citizen, you can petition for immediate family members without them having to join a waiting list. This includes your spouse, your children who are unmarried and under the age of 21, and your parents. You can also petition for your unmarried adult children, married children, and siblings, but keep in mind that visas for these categories are limited and there may be a significant waiting period before the application is approved. Additionally, you can petition for a K-1 visa for your fiancé or fiancée, which may lead to lawful permanent residency after you get married.

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 Posted on December 23, 2020 in Family Law

Getting a divorce is a major, irreversible decision that affects nearly every aspect of a person’s life. That said, some individuals and couples are confident that a divorce is the best option to free themselves from a failed marriage and make it possible to move forward with their lives. However, if you are not so sure that divorce is the right choice, you do have another option in Illinois in the form of legal separation.

What Happens in an Illinois Legal Separation?

In order for a legal separation to begin, you and your spouse must be living separately, and one or both of you must submit a petition to the court. As part of the judgment for legal separation, you and your spouse may need to reach an agreement on many of the same issues addressed in a divorce resolution, including spousal maintenance in a case of financial need, as well as child support and parental responsibilities if you and your spouse have minor children together. You can also choose to begin the process of allocating marital property, and in general, any new property that you or your spouse acquires after the judgment of legal separation will be considered non-marital.

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