Recent blog posts

Illinois immigration attorney, federal immigration lawsApplying 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

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Illinois family law attorney, Illinois child support lawyerIf 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 in Illinois Family Law

b2ap3_thumbnail_property-division.jpgWhen 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

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Illinois immigration attorney, U.S. immigration processMany 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

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Posted on in Islamic Lawyer

Illinois immigration attorney, Illinois Muslim lawyerHave 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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Illinois Islamic attorney, Illinois estate planning lawyerFor 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.

Islam Says You Should Have a Will if You Have Anything to Bequest

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Posted on in Parental Rights

Illinois child custody lawyer, Illinois family law attorneyFor 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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Posted on in Illinois Family Law

Illinois family law attorney, Illinois divorce lawyerLast 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.

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Illinois defense attorney, Illinois criminal lawyer, Illinois criminal law statutesHave you been following the case of Adnan Syed, which was chronicled in the podcast Serial? According to a recent report from NPR News, Syed was granted a hearing due to new evidence several months ago, and just last month he was granted a new trial. The reported quoted the Baltimore City Circuit Judge, Martin Welch, who vacated the conviction. In vacating that conviction, the judge indicated that Syed’s “attorney fell below the standard of reasonable professional judgment” during the initial trial.

In case you have not been following the Serial podcast and the case of Adnan Syed, here is a quick recap: Syed was charged with and convicted of the first degree murder of Hae Min Lee, his ex-girlfriend and a Baltimore high school student. Lee was found strangled in early 1999, and Syed was convicted in 2000. He has maintained his innocence since then, and he has now served more than 15 years of his life prison sentence.

What Does This Mean for the Defendant?

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Illinois defense attorney, Illinois criminal lawyer, Illinois DUI attorney,For many Muslims in DuPage County, having a driver’s license is necessary to get to work in the area, to conduct business on a daily basis, and to provide for the needs of your family. As we have discussed previously, your driver’s license can be suspended for a number of different reasons under Illinois law, including but not limited to:

  • DUI conviction;
  • Violation of a Graduated Driver Licensing (GDL) program;
  • Failure to appear in court;
  • Excessive points for other traffic violations;
  • Unpaid parking tickets; and
  • Failure to pay child support.

If you are facing a license suspension, we know that one of the most important things is doing all that you can to have your driving privileges restored. There are different ways in which you may be able to have your license restored, and you should do everything you can to abide by the terms of the driver’s license suspension until your driving rights are restored. At the Farooqi & Husain Law Office, we understand that facing a driver’s license suspension can be frustrating and extremely concerning if you rely on your car as your sole mode of transportation. We can examine the facts of your case and can discuss your options with you today.

Hearing to Have Your Driver’s License Reinstated

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Illinois business attorney, Illinois business laws, DuPage County business lawyerFor members of the Oakbrook Terrace Muslim community who are thinking about launching new business enterprise, it can be complicated to figure out how to draft an owner’s agreement. Different business structures have different forms of owner’s agreements.

The U.S. Small Business Administration helps to explain the distinctions among different kinds of business structures and the ways in which owner’s agreements can differ. Depending upon the type of business structure you have selected, your owner’s agreement will be entitled differently, but it should generally contain similar information. For instance, if you are forming a corporation, then you will need to create a shareholder agreement. If you are launching an LLC, however, you will need to create an operating agreement.

The information that you ultimately include in the owner’s agreement will provide guidance for handling a wide variety of issues that might arise at a later point in the life of the business. You should always discuss your situation with an experienced Oakbrook Terrace business lawyer before making decisions about a new business. An advocate at Farooqi & Husain Law Office can speak with you today.

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Illinois business attorney, Illinois business laws, Oakbrook Terrace business lawyerIf you are thinking about starting a business in DuPage County, it is important to understand the differences between forming an LLC and a corporation. Generally speaking, both of these business structures have the benefit of reducing an individual business owner’s liability in the event of a lawsuit or bankruptcy, for instance. However, these business structures are taxed very differently, and those tax differences can make a big difference in the long run. In addition, there are distinct types of corporations — namely, C corporations and S corporations — and the type you choose can have very different results in the long run.

It is important for members of the Muslim community in DuPage County to understand some of the distinctions between various business structures before launching a new enterprise. Once you have a sense of the pros and cons of each, you should always speak with an experienced business litigation attorney in Oakbrook Terrace. One of the dedicated lawyers at Farooqi & Husain Law Office can analyze your situation and discuss your options with you today.

Differences between an LLC and a C Corporation

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Illinois personal injury lawyer, Illinois litigation attorney, DuPage County litigation lawyer,Sometimes customers or other individuals get hurt in slip and fall accidents at businesses. For business owners, learning about a serious slip, trip, and fall injury can be disconcerting, given that these accidents can result in severe injuries to the head, neck, and back, and sometimes they also result in broken bones. In short, slips and falls are serious, and businesses can be held liable in certain circumstances.

Litigation can be costly when someone falls and suffers serious injuries at your business. At Farooqi & Husain Law Office, we understand how detrimental it can be to a small business owner to face a serious premises liability lawsuit. We are here to help members of the DuPage County Muslim community, and we want to do all that we can to ensure that your business thrives. In order to prevent a costly premises liability claim, it is important to think carefully about purchasing premises liability insurance anytime you decide to open your own business.

Severity of Slips, Trips, and Falls at Places of Business

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Illinois defense attorney, Illinois criminal lawyer, DuPage County defense lawyerIf you are arrested on drug charges, it is important to understand your rights. In particular, members of the Muslim community in Oakbrook Terrace should have a sense of their rights under the Fourth Amendment, which prohibits illegal searches and seizures of property. Constitutional law can be extremely complicated, and you should always discuss your case with an experienced DuPage County criminal defense lawyer.

However, it is nonetheless a good idea to have a sense of when and how the Fourth Amendment can protect you in the event that you are stopped or your property is searched. For example, when you refuse to give consent, can a law enforcement official still search your car or your home? And what does it mean for a law enforcement official to have “probable cause” to stop to conduct a search of your automobile or your home?

Fourth Amendment Overview

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Posted on in Child Custody

Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,Since January 1, 2016, sweeping changes to Illinois family laws have taken effect. Through the alterations to the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/), couples who are thinking about divorcing will notice numerous changes in terminology. In some cases, the changes to the law will have an immediate impact. In other situations, the shifts in the law are largely semantic ones intended to have symbolic import. And such a change is precisely how we would categorize the change from “visitation” time that parents have with their kids after divorce to “parenting time.” In other words, the legal language of “visitation” has been removed from the Illinois Marriage and Dissolution of Marriage Act (IMDMA) in favor of language that speaks to the human realities of a parent’s relationship with his or her child.

Legal Language of “Parenting Time”

What does parenting time mean, exactly? First, it falls under Part VI of the IMDMA, which governs the “allocation of parental responsibilities.” Under the law, parenting time is defined as “the time during which a parent is responsible for exercising caretaking functions and non-significant decision-making responsibilities with respect to the child.” Looking at this specific language, it becomes important to understand what the law means when it refers to “caretaking functions.”

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Illinois defense attorney, Illinois criminal lawyer, DuPage County defense lawyerIn Illinois, your driver’s license can be suspended for many different traffic violations. The length of driver’s license suspension can depend upon your age as well as the specific offense. Losing your driver’s license—even temporarily—can be a frustrating and costly experience. Indeed, many members of the Muslim community in DuPage County rely on their vehicles for transportation to work. Given that it can be a long commute into downtown Chicago, for instance, we understand how important it is to have your license reinstated quickly.

Reasons a Driver’s License Can Be Suspended

Depending on the type of traffic violation committed, you can lose your driver’s license for a temporary period of time (which we call a “suspension” of your driving privileges), or it can be revoked (meaning that you may never be able to get your driving privileges back). According to the website for the Illinois Secretary of State, the situations through which a driver’s license can be suspended vary greatly. One of the primary reasons for which a license can be suspended is driving under the influence of alcohol (DUI). The following are some facts concerning DUI-related license suspension:

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federal immigration laws, Illinois immigration attorney, DuPage County immigration lawyer,Why is it important to work with an experienced Oakbrook Terrace immigration lawyer as you apply for citizenship and go through the naturalization process? The paperwork involved in naturalization is complicated, and it costs a lot of money to file. In short, if you do not have your materials in proper order the first time around, you could end up spending a lot more money in the long run to become a U.S. citizen. According to a recent article in the Times Ledger, the economic costs involved in naturalization have become so steep that some immigrants simply are excluded from the ability to take steps toward citizenship. Indeed, for many new residents of Illinois and other parts of the country, the naturalization process can be cost-prohibitive.

Rising Fees and Other Costs to Apply for Citizenship

According to the article, fees and other costs associated with the naturalization process are on the rise. To be sure, “the citizenship applicant fees have soared nearly 500 percent since 1989, after adjusting for inflation,” the article reported. In addition, immigrants need to acquire near fluency in the English language (if they do not already speak English) to pass a language proficiency exam, and this can mean hundreds or even thousands of dollars more to pay for ESL courses. Low-income immigrants, in particular, are described as being “plagued” by the costs associated with naturalization.

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federal immigration laws, Illinois immigration attorney, DuPage County immigration lawyer,For immigrants to the United States, determining the best and fastest way to bring your family members to this country can be a frustrating and complicated process. According to the website for U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security, the type of family petition you file and the manner in which you file it can vary greatly depending on your own status as a permanent resident or citizen in the United States. In addition, the age and status of the family member you wish to bring to the U.S. can make an impact on the type of family petition you will need to file. In short, family petitions for permanent residency (or, in other words, to become a green card holder) are extremely complex.

At Farooqi & Husain Law Office, we have years of experience helping members of the Muslim community to file family petitions for permanent residency and can discuss your options with you.

Petitioning for Family Members to Become Permanent Residents

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Illinois immigration attorney, immigration laws, illegal raids, Immigration to the United States is a complex legal process, but it also brings with it social complications and fears of discrimination among immigrant communities. For the Muslim community in DuPage County, questions about rights and responsibilities as persons living in the U.S. often arise. At Farooqi & Husain Law Office, we are dedicated to helping Muslim individuals and families in Oakbrook Terrace. We understand the complexities of the immigration process, and the anxiety and frustration that can accompany that process. We are particularly attuned to concerns about immigrants’ rights in America, and recent immigration raids that have targeted particular communities in Illinois.

Should Muslims be especially concerned about the recent string of immigration raids conducted by Immigration and Customs Enforcement (ICE) in Chicagoland? According to a recent news release from the Illinois Coalition for Immigrant and Refugee Rights (ICIRR), immigrant advocates are condemning these raids and urging Illinois officials to think carefully about issues of equality in our state.

Raids Condemned by Immigrants’ Rights Advocates

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Posted on in Estate Planning

Illinois probate laws, Illinois estate planning attorney, Islamic estate planning attorney,When someone dies in Illinois, family members may have to deal with the process of probate. What is probate? In short, it is a term that refers to the legal steps that occur after a death in order to settle the estate of the deceased. While a term like “estate” might not seem like a word used to describe what is left when someone of modest means passes away, it is in fact a legal term that applies to anyone, regardless of income level. It is important for all members of the Muslim community in DuPage County to think about estate planning. And when it is time to deal with probate, it is important to understand how this process works. In addition, DuPage County residents should understand how changes to Illinois law for 2016 may impact the probate process.

Understanding Probate

In Illinois, probate is governed by the Probate Act of 1975 (755 ILCS 5/). As we noted previously, probate is the legal process that occurs after a person’s death. Probate is simply one way to deal with the estate of a deceased person. The process has numerous steps, including but not limited to:

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