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What Is the One Step Process 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:
New Child Support Changes in Illinois Effective July 1, 2017
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:
Property Division in a Divorce
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.
Immigration Process: I-864 Affidavit of Support
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:
IRS Tax Scam
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.”
Last Will and Testament in Time for Hajj
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.
Termination of Parental Rights
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:
Illinois Divorce 101
Last year, Illinois family law changed in a number of ways, and it is important to understand how these changes might impact you and your family in the event of divorce. Divorce is difficult for Muslim families in DuPage County under any circumstances, but understanding how our state’s laws function during divorce proceedings can help you to be prepared for the weeks and months ahead.
No Fault Divorce in Illinois
We mentioned above that Illinois family law has recently undergone some changes. All of those alterations are reflected in the current Illinois Marriage and Dissolution of Marriage Act (IMDMA). One of the first major changes concerns grounds for divorce. Until just recently in Illinois, divorcing spouses could cite grounds for divorce such as adultery, impotence, mental anguish, and habitual drunkenness. However, those terms are different now.
Like numerous other states, spouses in Illinois who seek a divorce will simply cite irretrievable breakdown or irreconcilable differences. In other words, spouses no longer will claim that one party is at fault for the divorce, thus the shift to “no-fault” divorce in our state. To get divorced based on no-fault grounds, the parties must be separated for six months and must waive a two-year waiting period. In the event that one of the spouses will not waive the two-year waiting period, the other spouse still may seek a no-fault divorce once the two-year waiting period has completed.
Muslims and Prenuptial Contracts
Picture this scenario. You are about to invest between $50,000-$150,000 in a business venture. The business venture has about a 50% chance of failure. If the venture fails, the losses incurred will include the entire initial investment as well as possibly tens of thousands of dollars more in additional costs and legal fees. You can, however, protect yourself substantially from future costs, legal fees, and recoup part of your initial investments if you enter into a contract prior to the investment. The cost of that insurance would likely be between $2000-$3000, split between the two parties entering into the business venture.
Given the probability of failure and the potential sunken costs, it would be almost irresponsible to enter the business venture without entering into an initial contract to protect yourself and as much of your investment as possible. The reality is, however, that Muslims enter into such a venture nearly every day without contemplating how to protect themselves from the failure of that venture.
Observant Muslims Need for a Will
When someone passes away, the next step for most families is to divide the assets according to the wishes of the deceased. However, for observant Muslim faithful, dividing the assets is supposed to be a much easier procedure than for non-Muslims. There are specific tenets in shari’ah law governing the disposition of one’s assets. However, these requirements do not always mesh harmoniously with secular intestacy laws. Therefore, it is considered mustahabb, or recommended, that Muslims always leave wills, or wasiyyat, which provide explicitly for their wishes. Wasiyya, in Arabic, can be translated as “instruction.”
Asset Disposition and Wills in Shari’ah Law
Wills and other testamentary interests are extremely important in Islam. Several hadith make clear that if a man is just in his last will and testament after a lifetime of wickedness, “the goodness of his deed will be sealed upon him, and he will enter the Garden.” Leaving one’s affairs unsettled can be extremely harmful to one’s family - for example, accounts or property may have clouded title, or the position of one’s children (that is, who will be their guardian) may be undecided. A will is the observant Muslim’s last chance to set things right.
We serve clients throughout DuPage County and Cook County including Oak Brook, Lombard, Skokie, Elmhurst, Hinsdale, Glendale Heights, Oakbrook Terrace, Burr Ridge, Downers Grove, Glen Ellyn, Carol Stream, Addison, Westmont, Chicago, Wheaton, Des Plaines, Bridgeview, Lombard, Villa Park, and Illinois.
2 Trans Am Plaza Drive, Suite 160, Oakbrook Terrace, IL, 60181
630-909-9114
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