Posted on October 04, 2022 in Immigration

Although first-generation immigrants in the United States are consistently shown to commit crimes at lower rates than those who were born in American, immigrants face disproportionate risks from being convicted of a crime - up to, and including, deportation. Even immigrants with green cards can be deported for violating certain laws.

Not all criminal convictions trigger deportation proceedings, and it is important to know which crimes could get you deported. If you are not a U.S. citizen and you have been accused of a crime, or even if you are just being investigated for a crime, it is important to retain aggressive legal immigration and criminal defense representation from an experienced Illinois attorney.

Crimes of Moral Turpitude

“Turpitude” is a somewhat old-fashioned word that means “evil” or “wickedness.” American courts have defined crimes of moral turpitude as those which involve fraud, larceny, and the intent to harm people or things. For example, theft - taking someone else’s property with the intent to permanently deprive that person of it - is usually a crime of moral turpitude. So are assault, domestic violence, and many other crimes involving lying, cheating, or violence. However, some crimes of this nature are considered petty enough not to be classified as a crime of moral turpitude, such as shoplifting goods valued under a certain amount of money.

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 Posted on October 04, 2022 in Family Law

You may have been surprised when your spouse served you with divorce papers, but now it is time to take action. Regardless of how you feel about divorce - whether you want it or not - the way you respond to the initial divorce papers will have a major impact on how the rest of the process goes for you. Here are some steps to take if you need to respond to divorce papers in Illinois.

Take a Moment to Think it Through

It can be tempting to react right away to bad news by getting angry, calling your spouse, or responding to the divorce papers with hostile demands. Even if you think your spouse has been totally unreasonable, take a moment to think through the situation before you do anything else. Do not contact your spouse. Do not post about the situation on social media. Do not talk to your kids about it. It is essential to keep a level head and act from a place of rationality.

Find Out When You Need to Respond

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 Posted on September 29, 2022 in Personal Injury

Every year, hundreds of people die and many thousands more are injured in boating accidents. Although one of the best parts of living in Illinois is the easy access to Lake Michigan, summer boating accidents are common and frequently underreported. One major reason for not reporting a boating accident - even one involving serious injuries - is that everyone on a boat is frequently under the influence of alcohol or drugs. A group of friends may not want to put one another at risk of facing legal repercussions for irresponsible behavior and so agree to keep quiet about an accident that caused someone serious injury.

For the injured party, unfortunately, this usually means they are left dealing with the consequences of a boating accident on their own. This can mean expensive medical bills, missing time at work, ongoing physical therapy, and emotional trauma from the accident. These expenses may mount up to the point where the victim needs help and is no longer willing to stay silent. If this sounds familiar to you, know that you do not have to go through this alone. You may have legal options.

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 Posted on September 24, 2022 in Family Law

When a couple decides to create a prenuptial or postnuptial agreement, they usually have questions about what, exactly, the agreement can include. Can they set limits on alimony? What about child support? Can parents agree to split custody of the kids 50/50 now, while they get along well and are not in a heated divorce?

Enforceability is perhaps the most important part of a prenuptial agreement because if a contract is not enforceable, it is a waste of time and money, and a couple ends up fighting over the issues they hoped to protect themselves and each other from. To make sure your prenuptial agreement is enforceable, read this blog about what a prenuptial agreement can address, and then contact an Illinois premarital agreement attorney who can help you create your own.

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 Posted on September 21, 2022 in Immigration

Students coming to study in the United States are often excited at the prospect of many years of hard work and preparation finally coming to fruition. If you are attending an Illinois university this fall, you may have many questions about what your student visa allows you to do now that you are here. If you have not yet applied to an Illinois university, you likely have questions about student visas and perhaps even what your options may be once your studies are through. Whatever your situation may be, you can get help from an Illinois immigration attorney who knows the law and can answer your questions.

F-1 and M-1 Student Visas

An F-1 student visa allows a student to come to the U.S. and attend an accredited college or training program and work towards a degree or certificate. An M-1 student visa is similar to an F-1 student visa, except that it allows students to attend non-academic programs, such as vocational training in mechanics, cosmetology, or a similar non-academic field.

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 Posted on September 09, 2022 in Personal Injury

Research suggests that almost half of everyone who turns 65 after the year 1990 will live in a nursing home at some point before their death. Unfortunately, the research on the prevalence of nursing home abuse and neglect also suggests that these are very common, especially for older adults who have limitations on cognitive and physical functioning (such as Alzheimer’s disease or mobility issues).

If you have a loved one in an Illinois nursing home, it is especially important to be on the lookout for the following signs of abuse if he or she is highly dependent on staff for their daily needs. If you notice any of these apply to your loved one, contact an Illinois personal injury attorney right away.

Warning Signs of Nursing Home Abuse

Abuse comes in many forms, and it is important to be aware of the types of abuse that commonly occur in nursing homes. These include:

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 Posted on September 07, 2022 in Immigration

Just two months after the Supreme Court authorized the Executive Branch’s authority to do so, the Biden administration made an announcement early last month that it would be ending an immigration policy that required individuals from Central and South America seeking asylum in the United States to stay in Mexico while their cases waited for a chance to be heard in court.

Moving forward, no further applicants will be enrolled in the so-called “Remain in Mexico” program and applicants will no longer have to go back to Mexico in between hearings. Officials stated that the policy imposes “unjustifiable” costs to both human rights, as well as limited border security resources.

What is the Policy for U.S. Asylum Seekers Now?

People seeking asylum in the United States come after being persecuted because of their political opinions, religious beliefs, race, nationality, or membership in social groups. Asylum seekers face real harm, including extrajudicial torture and killings in many high-risk areas. The United States recognizes that people sometimes need protection and offers that protection to legitimate victims of persecution or potential persecution.

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 Posted on September 07, 2022 in Family Law

A divorce is often a time of serious contention between parents of underage children. Despite the parents’ history of disagreements and distrust, they must find a way to work together to co-parent their children after the divorce. Sometimes, parents can do this. Other times, it is simply not possible.

When parents cannot cooperate and negotiate a parenting plan themselves, a judge will intervene and make decisions for them. Parents may be understandably wary that a judge, who has no previous history with the family and is encountering each parent’s narrative for the first time, will be able to make decisions that are truly in a child’s best interests. In situations like this, it is important to understand the criteria Illinois judges are required to use as they collect information about families and try to determine an optimal outcome.

Does a Judge Have Full Discretion in Custody Cases?

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 Posted on August 29, 2022 in Personal Injury

Immediately after a serious car accident with injuries, it can be very difficult to think clearly. Your first priority has to be getting off the road and out of harm’s way. You may not yet feel the pain from your injuries due to the natural painkilling effects of adrenaline. Calling the police, getting medical care, exchanging insurance information, and contacting an attorney are all high priorities.

Another top-level priority in the immediate aftermath is making contact with bystanders who saw the accident so that they can corroborate your side of the story. Neutral eyewitnesses can provide very convincing testimony or statements that support your efforts to recover compensation. It is important to get contact information from anyone who saw the accident as soon as possible so that your lawyer can get in touch with them.

Approaching Bystanders Who Saw Your Crash

Not all eyewitnesses are happy to stick around and help out. There are a variety of reasons that passersby may not be interested in making a statement. They could be in a big rush that day and unwilling to stop. Or, they could have an arrest warrant and be more interested in getting out of there before the police arrive than they are in your claim. This is to be expected.

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 Posted on August 29, 2022 in Immigration

Having a family member who is a U.S. citizen, or in some cases, a lawful permanent resident, can provide you with a path to U.S. citizenship too. There are generally two main types of family-based visas. There are visas based on immediate family members, like a spouse or sometimes a parent or child, who is already a citizen. There are also what are called family preference categories that could allow you to obtain a visa based on the citizenship of even more relatives.

If you are eligible for a family preference visa, you will need to start by establishing the familial relationship with their help using Form I-130, a Petition for an Alien Relative. It is important to have an attorney local to the area your qualifying relative lives in helping you, as U.S. immigration law can be incredibly complex.

Family Preference Categories That Could Help You Immigrate

You will notice that most of these categories would be socially considered “immediate family members.” It is important to confirm whether the citizen family member who can sponsor you falls under the immediate family categories or family preference category, as the forms you need depend on this distinction. For immigration purposes, you may be eligible to obtain a family preference visa if you are related to a U.S. citizen as their:

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