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1 Answer | Asked in Immigration Law, Health Care Law and Social Security for Illinois on
Q: I am an undocumented immigrant i overstayed my H1B visa, I am a covid long hauler and my SS disability approved

approved year 2020, according to SSA they will begin to pay my benefits if my alien status changes or if i leave the US. i need a legal advice on these. thank you

James L. Arrasmith
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answered on Apr 15, 2024

For your situation, it is crucial that you consult with a qualified immigration attorney who can assess the specifics of your case and provide personalized recommendations.

That said, here is some general information that may be helpful:

1. Overstaying your H1B visa can have serious...
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1 Answer | Asked in Immigration Law for Illinois on
Q: Will Engagement to a U.S. Citizen Affect My F1 Visa Renewal?

I initially came to the U.S. on a J1 visa, which included a two-year home residency requirement. After spending a year in the U.S. as a researcher, I got an offer to do a PhD, returned to my home country, and then re-entered the U.S. on an F1 visa to start a PhD. My F1 visa was issued for two... View More

James L. Arrasmith
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answered on Apr 13, 2024

Your engagement to a U.S. citizen may raise some questions during your F1 visa renewal process, but it should not automatically disqualify you from obtaining a renewed visa. However, you will need to demonstrate your intent to return to your home country after completing your studies.

Here...
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1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: Why cannot get things back after my case was dismissed in court?

I had been unlawfully arrested in Saint Claire, County, Illinois, United States. During this process they kept my laptop, and most of my belongings that was in my friends truck. Since that arrest my case was dismissed. Now why cannot not have my things back?

James L. Arrasmith
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answered on Apr 11, 2024

I'm sorry to hear about your experience with an unlawful arrest and the difficulties you're facing in retrieving your belongings. There could be a few reasons why you haven't been able to get your things back, even though your case was dismissed:

1. Property being held as...
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1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: Lawyer experienced in murder-suicide case, representing alleged suspect's family?

The individual implicated in this murder-suicide case was a US Army veteran. The police chief stated that, had he been alive, he would have been charged with first-degree murder. Due to the police recommendation, the VA denied him burial in a national cemetery. However, I am of the opinion that the... View More

James L. Arrasmith
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answered on Apr 11, 2024

I can provide some general information, but please note that assessing the feasibility of a lawsuit would require a detailed analysis of the specific facts and evidence in the case by an experienced attorney. Here are a few key considerations:

The standard of proof in a criminal case is...
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1 Answer | Asked in Criminal Law and Civil Litigation for Illinois on
Q: If I was at a mental hospital during my hearing date for an order of protection would that help to get it dropped?

Me and my parents are separating ourselves, permanently. They were supporting me, and we're going through process of cutting our financial ties. Once that was mostly finished the family lawyer I was talking to dropped an order of protection on me. I sent them a bunch of angry messages, while... View More

Cheryl Powell
Cheryl Powell
answered on Apr 10, 2024

MAYBE. It depends how long ago this happened, were you served with the papers before or during hospital, will your Dr state that you were in such a mental state from mental illness or meds as to not be responsible for not showing up, etc.

Get all your papers together and go see a good...
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1 Answer | Asked in Traffic Tickets for Illinois on
Q: Received a ticket with court date and time on bottom but officer did not mark appearance required or not. Do I go?

Ticket is for expired plate sticker (11 months). Officer wrote court date and time but did not mark the boxes..whether it is required or not. Am I supposed to show up on that date, even if I send a payment for the ticket?

Brandon K. Davis
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Brandon K. Davis
answered on Apr 10, 2024

You should not have to appear in court if the box for "court appearance required" is not checked (even if there is a court date listed on the ticket). You can contact the Clerk of the Circuit Court to confirm. Regardless, it is likely that the ticket will be dismissed if you appear in... View More

1 Answer | Asked in Employment Law for Illinois on
Q: I was let go from my company end of November with severance pkg. They haven’t paid bonus, am I eligible? Others got it.

Am aware I did the max sales, others got bonus but not me. None did achieve the exact sales target but only I was not paid. Please help me if am eligible & can claim?

Cynthia Pietrucha
Cynthia Pietrucha
answered on Apr 10, 2024

Sorry to hear about your recent job loss. Whether you are entitled to your bonus depends on (1) the company's bonus policy and (2) the terms and conditions of your severance package.

Most separation packages address whether you are entitled to the bonus by either (1) explicitly...
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1 Answer | Asked in Tax Law for Illinois on
Q: Illinois IRS is claiming I owe state taxes from 2017.

I was unemployed, an university student, and still claimed as a dependent at that time. I only filed a 1040-EZ that year. Should I fight this?

James L. Arrasmith
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answered on Apr 9, 2024

It's important to understand why the Illinois Department of Revenue (IDOR) claims you owe state taxes for 2017. Here are some steps you can take:

1. Review the notice: Carefully read the notice from the IDOR to understand the reason for the claimed tax liability.

2. Gather...
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2 Answers | Asked in Traffic Tickets for Illinois on
Q: I was never stopped for these charges. However they are wanting me to pay them in Franklin County Illinois?

IMPROPER PASSING ON THE SHOULDER

IMPROPER TURN SIGNAL. I did not commit either one of the driving violations. And when I called the Franklin County Court Office she said they were dismissed. Now I am being harrassed daily by a collection agency why? I was never given a citation for this... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Apr 11, 2024

I'm sorry to hear about your situation. You will need to get a copy of the case docket to confirm what happened to the tickets.

You may be able to find the County's online court records here: https://www.illinoiscourts.gov/courts-directory/89/Franklin-County-Courthouse/court/...
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1 Answer | Asked in Workers' Compensation for Illinois on
Q: If you are injured on th job and your employer does not file protocol are they breaking the law in regard to workers com

If you are at work and hurt your back and notify you manager immediately and they give you some aspirin and muscle rub send send you home with time off without pay instead of workers compensation then you are unable to work a d they se d you to a doctor a d the doctor send them a written notice... View More

Charles Candiano
Charles Candiano
answered on Apr 8, 2024

The person who was injured is foolishly trying to handle this matter without hiring an attorney. The injured worker doesn't even realize that reporting his work injury to his employer does NOT give him any rights. To be clear, you must report the injury to your employer within 45 days but... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Illinois on
Q: On three separate occasions, police manipulated, omitted and submitted false evidence to arrest and falsely charge me

Begining in 2017 police in Michigan City and LaPorte county prosecutors allowed me to be falsely charged and arrested. This case garnered attention due to an animal being involved. Police omitted evidence which would have led the finder of fact to arrive at a different conclusion. This represents a... View More

James L. Arrasmith
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answered on Apr 8, 2024

I'm so sorry to hear about your experiences being wrongfully arrested and charged multiple times. It sounds like an incredibly traumatic and unjust situation. Being falsely accused and having evidence manipulated or omitted by law enforcement is a serious violation of your rights.

I...
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2 Answers | Asked in Constitutional Law, Contracts and Entertainment / Sports for Illinois on
Q: I volunteerd w/ a nonprofit for adults w/ disabilities a place to make music. Shouldn't I get free CDs of music we made?

I wrote the music and helped them write words. They pressed up copies and won't well them to me at cost. I never gave permission to use any of the music I made and wrote. When I asked to buy copies st cost, they said no. That I would have to buy them. The concerts we all played made the money... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Apr 7, 2024

In situations where multiple individuals collaborate on creating music, it's crucial to establish clear agreements regarding ownership, distribution, and compensation. If you've contributed to the creation of music and lyrics but haven't given permission for their use, you may have... View More

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2 Answers | Asked in Constitutional Law, Contracts and Entertainment / Sports for Illinois on
Q: I volunteerd w/ a nonprofit for adults w/ disabilities a place to make music. Shouldn't I get free CDs of music we made?

I wrote the music and helped them write words. They pressed up copies and won't well them to me at cost. I never gave permission to use any of the music I made and wrote. When I asked to buy copies st cost, they said no. That I would have to buy them. The concerts we all played made the money... View More

James L. Arrasmith
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answered on Apr 8, 2024

From what you've described, it does seem reasonable that you should be able to obtain copies of the CDs containing music you wrote and helped create, either for free or at cost. Here are a few key points to consider:

1. Copyright: If you wrote the music, you likely own the copyright to...
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1 Answer | Asked in Immigration Law for Illinois on
Q: What do I put on i864w part 2?

What do I put on i864w part 2? There's 2 awnsers that say i360 but 1 says for widower,amerasion or special immigrant and the second awnser says battered spouse or child.

James L. Arrasmith
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answered on Apr 6, 2024

Form I-864W, Request for Exemption for Intending Immigrant's Affidavit of Support, is used in certain cases where the intending immigrant is not required to submit Form I-864, Affidavit of Support.

In Part 2 of Form I-864W, you need to select the reason for your exemption from the...
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1 Answer | Asked in Bankruptcy for Illinois on
Q: I filed for bankruptcy, Chapter 7. I thought I was on my house title a few days before my court date so I freaked out.

I called my trustee and he put a notice to dismiss case with a new court date. I now just found out I AM NOT on the title to house and want a discharge instead of a dismissal. What do I need to do? My trustee is not willing to help me.

James L. Arrasmith
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answered on Apr 4, 2024

In this situation, you should take the following steps to try to resolve the issue and obtain a discharge:

1. Contact your bankruptcy attorney: If you have an attorney representing you in your Chapter 7 case, inform them about the situation and your desire to proceed with the discharge...
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1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Is there a time limits to sue a company you use to work for?

The assistant manager named Cerica who worked the same position as me, one day got mad because I removed a sticky note she wrote so she tracked me down in the hotel, got in my face threatening to beat me up and throw me over the balcony on the 2nd floor, she proceeded to call me racial slurs,... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Apr 3, 2024

I'm sorry to hear about your situation. DO NOT DELAY. Your legal rights have strict deadlines. If you wish to sue the company for something like racial discrimination in Illinois, your deadlines can be as short as within 300 days of the alleged discrimination if your allegations require a... View More

1 Answer | Asked in Contracts, Estate Planning and Probate for Illinois on
Q: I have a loan, the loaner passed away. Beneficiary is handing his estate and now want the checks made out to them.

I have a loan contract that the loaner passed away a few months ago. The person handling the estate just informed me that they are having issues cashing my checks that are made out to the deceased name. Now they want me to write the checks in their name going forward. They did not open a bank... View More

Nina Whitehurst
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answered on Apr 3, 2024

It is very perilous for you to do what they are asking! What if they are lying about who the proper heir(s) is/are? You could give them a lot of money and then when the proper heirs come along you have to pay the real heirs all over again. Don't do it!

Keep making the checks payable...
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1 Answer | Asked in Tax Law for Illinois on
Q: I received $18,000 in social security disability this last year. Do I need to file an income tax return?
James L. Arrasmith
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answered on Apr 2, 2024

Whether you need to file a federal income tax return depends on your total income, filing status, and age. For the 2023 tax year (filed in 2024), if your only income was from Social Security Disability Insurance (SSDI) and it was less than $25,000 (for single filers) or $32,000 (for married filing... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Illinois on
Q: Do the police gave to takevl a field test of a suspicious baggie on the scene?
James L. Arrasmith
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answered on Apr 1, 2024

No, the police do not necessarily have to conduct a field test of a suspicious baggie or substance at the scene. Here are a few key points about how police typically handle potential drug evidence:

1. Officer discretion: The investigating officer has discretion on whether to conduct a field...
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1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Can I offer a tenant the amount of money needed to get a home sales ready as a down payment toward buying the home?

My rental property needs about $20k worth of work to get it sales ready. I want to do everything possible to not displace the family who are renting, so I intend to offer them $20k at closing for them to use toward a down payment. Is this transaction legal in the state of Illinois?

James L. Arrasmith
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answered on Apr 1, 2024

It is generally legal in Illinois for a landlord to offer a tenant financial assistance toward the purchase of the home they are currently renting. This type of transaction is sometimes referred to as a "lease-to-own" or "rent-to-own" agreement.

However, there are a few...
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