Posted on January 19, 2017 in Family Law

In Illinois divorce cases, it is very important that you work with a dedicated Oakbrook Terrace family law attorney from the start of your case to ensure that all divorce matters are handled smoothly. It is a good idea to have a better understanding about how the divorce process will work. At Farooqi & Husain Law Office, we are committed to providing family law services to members of the Muslim community, and we can answer your questions about divorce today.

If you want to divorce your spouse, there are some key features of Illinois divorce that you should learn more about.

Have You Met the Requirements to File for Divorce?

Illinois family law underwent some major changes recently, and those revisions are reflected in the Illinois Marriage and Dissolution of Marriage Act (IMDMA). There are no longer substantial requirements in order to file for divorce in Illinois, but there are some requirements that are important to meet. First, a person who files for divorce no longer needs to prove that there are “grounds for divorce.” Grounds for divorce have been eliminated from Illinois law, meaning that a person simply can file for divorce under a “no-fault theory” of irreconcilable differences.

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 Posted on December 31, 2016 in Immigration

Going through the immigration process can be difficult and anxiety-inducing, particularly for many members of the DuPage County Muslim community. We would like to focus on one aspect of the immigration process that many DuPage County residents have questions about: the immigration interview. Once you have applied for permanent resident status in the U.S. (also known as applying for a green card), you will begin a series of steps that likely will culminate in an interview with U.S. Citizenship and Immigration Services (USCIS). We know that an in-person interview can produce fear among many people who are new to this country, but we want to emphasize that this is a standard part of the “adjustment of status” procedure that can result in you becoming a permanent resident of the United States.

What should you expect to happen at this interview?

Understand that USCIS Interviews Are a Normal Part of the Process

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 Posted on December 20, 2016 in Immigration

How much does it cost to file an immigration application or petition in the United States? Regardless of what those fees used to cost, they will rise this December. According to a news release from the U.S. Citizenship and Immigration Services (USCIS), the fees required for most immigration applications and petitions will increase, and those new fees take effect as of December 23, 2016. The fees may impact immigrants who are seeking certain benefits. At Farooqi & Husain Law Office, we are here to help Muslims in Oakbrook Terrace who have questions about immigration fees and other matters related to immigration applications and petitions.

Learning More about the Immigration Fee Increases

As the news release explains, USCIS will raise its fees, based on a final rule published in the Federal Register back in October, in an effort to provide additional funding to the agency. Specifically, the news release notes that “USCIS is almost entirely funded by the fees paid by applications and petitions for immigration benefits,” and in order to keep up with costs, federal law requires that USCIS review its fee schedule every two years to “determine the funding levels necessary to administer the nation’s immigration laws, process benefit requests, and provide the infrastructure needed to support those activities.”

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 Posted on November 23, 2016 in Immigration

Applying for a green card, or permanent resident status, in the United States can be a complicated process. Indeed, no matter what your current immigration status or that of a family member, the intricacies of immigration law can be frustrating and difficult to comprehend. Given that there are many members of the Muslim community in DuPage County that are learning more about the process of obtaining a green card, it is important to understand how the process works and whether you might be eligible for a “One Step Process.”

At Farooqi & Husain Law Office, we are committed to helping Muslims throughout DuPage County with all immigration law issues. One of our experienced Oakbrook Terrace immigration attorneys can speak with you about your case today.

Applying for a Green Card

As the U.S. Citizenship and Immigration Services website explains, there are a number of different steps a person can take toward becoming a permanent resident of the United States, or a holder of a green card. The path you take largely will depend upon whether you are currently living in the United States. The primary avenues toward obtaining a green card include the following:

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 Posted on November 09, 2016 in Family Law

If you are in the process of filing for divorce in Illinois or are dealing with issues of child custody and child support, it is important to pay attention to changes in the law that will take effect on July 1, 2017. The changes to the law will impact the ways in which child support payments are calculated, and as such are likely to alter the ways in which residential parents must be responsible for playing a role in the financial support of the child in connection with the non-custodial parent. At Farooqi & Husain Law Office, we have years of experience assisting members of the Muslim community with complex legal issues concerning divorce and child support. We are here to help with your case today.

Learning More about the Changes to Illinois Child Support Law

Current Illinois child support rules under 750 ILCS 5/505 and 750 ILCS 5/510 follow a form that has become familiar in many states across the country: what is known as a “percentage of income” formula that determines that a child support payment will be based on the net income of the non-residential, or non-custodial, parent. Based on the net income of that parent, the amount of child support is standardized according to the number of children for whom support is owed. Currently, this is how child support determinations work:

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 Posted on October 26, 2016 in Property Division

When you are thinking about filing for divorce in Oakbrook Terrace or another area of DuPage County, you are likely to have many questions about property division. For many members of the Muslim community, issues surrounding property division can be complicated and frustrating given that property division involves more than just financial assets. To be sure, your home, and even valuable family heirlooms, can be subject to division in a divorce proceeding in Illinois.

The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/), abbreviated as the IMDMA, governs property distribution in our state following a divorce.

Classifying Separate Property and Marital Property

In order for property to be subject to division during a divorce, it must be classified as "marital property." Any property that is classified as "separate property" is not subject to division. It is important to recognize that "property" refers to both assets and debts, and both will be divided upon divorce if they are characterized as marital property.

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 Posted on October 12, 2016 in Immigration

Many members of the Oakbrook Terrace Muslim community have dealt with immigration law issues concerning family members’ immigration. In order for family-based immigrants to come to the United States, there is a requirement of the I-864 Affidavit of Support under Section 213A of the Immigration and Nationality Act (INA).

What is this Affidavit of Support? In short, it is used to show the federal government that the immigrant seeking to come to the U.S. has “adequate means of financial support,” according to the U.S. Citizenship and Immigration Services (USCIS) website, and thus that the immigrant is “not likely to rely on the U.S. government for financial support.”

Who Must Submit an I-864 Affidavit of Support

When you file the I-864 Affidavit of Support, you must follow the instructions exactly. The government’s instructions for the form specify that all of the following immigrants must have a completed Form I-864 in order to be eligible:

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 Posted on September 21, 2016 in Islamic Lawyer

Have you received a phone call from someone who claims to be calling from the Internal Revenue Service (IRS), demanding payment for owed taxes and threatening to call the police to have you arrested in the event that you do not pay? You are not alone. According to a recent report from NBC News, there has been a surge in consumer complaints about scammers claiming to be federal investigators. To be sure, the recent rise in complaints suggests that this new scam tactic is among “the most pervasive in history.” All too often, these scams target members of the immigrant community.

Understanding Fraudulent IRS Calls

As the NBC News report explains, these scammers often call and claim that the recipient has only a short period of time to pay owed taxes before the police get involved. Why do so many people fall for such a scam? It does not have anything to do with a person’s intelligence or ability to root out fraud. To be sure, the NBC News report suggests that “many people fear the IRS,” and as a result, they “believe [such a call] may be real.”

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 Posted on September 07, 2016 in Islamic Estate Planning

For Muslims in Oakbrook Terrace who are currently planning for Hajj, you should ensure that you have your affairs in order before you begin upon this once-in-a-lifetime journey. While preparation for Hajj is an important time to create a Last Will and Testament, it is important for everyone, regardless of your income or the economic value of your possessions, to think about inheritance issues. Islamic law has specific mandates when it comes to inheritance, and if you do not prepare a last will and testament, your estate may be subject to Illinois intestate succession law.

The Hajj is the largest gathering of people worldwide, and for many Muslims, and given the sheer number of people, accidents can happen. To be sure, millions of people undertake this annual five-day pilgrimage, and you should have plans for your estate in place before you travel. An experienced Islamic lawyer in DuPage County can assist you today.

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 Posted on August 31, 2016 in Child Custody

For Muslim families in the Oakbrook Terrace area, family law issues involving parenthood and the termination of parental rights can be difficult ones to face. Generally speaking, the Illinois courts want to do their best to keep both parents in a child’s life and to ensure that the child has both parents play a role in the child’s life and upbringing as long as it is in the best interests of the child. Yet in some situations, it may be in the best interests of the child to terminate the rights of a parent. What does it mean when the law decides to terminate a parent’s rights? In short, it means that the parent not only will not be responsible financially for the child, but that parent also will not make any decisions about the child’s care or upbringing.

Voluntary Termination and the Adoption Act

It is important to understand that Illinois law does not allow one parent simply to petition to terminate the other parent’s rights. Rather, parental rights can be terminated either voluntarily or involuntarily, and the court takes these cases very seriously. Under 750 ILCS 50/1 and other relevant Illinois law, the voluntary termination of a parent’s rights generally can occur in one of the following circumstances:

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