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2 Answers | Asked in Criminal Law, Education Law and Civil Rights for Illinois on
Q: Advice on responding to SCCR about alleged exam misconduct.

I received an email from my professor accusing me of misconduct during an exam, stating that the PT report showed I was typing unnecessarily and frequently looking away from the screen. I initially denied the use of external resources but now regret not telling the truth. The professor plans to... View More

Cheryl Powell
Cheryl Powell
answered on Apr 17, 2025

If you are in college, they probably have a student legal services office. Probably the best thing to do is contact them as they probably deal with this issue a lot. If no legal services, contact the ombudsman on campus.

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Q: Do I need arbitration in Illinois due to harassment and TOS agreement?

I am dealing with a B2B lead generation company whose Terms of Service require arbitration in Illinois, but the business has been harassing us and attempting to bribe us to remove a review of their services. Despite our cease and desist efforts, they retaliated by leaving an unfounded review on our... View More

Charles Candiano
Charles Candiano
answered on Apr 17, 2025

Harassment is a legal finding, NOT something that can be simply be asserted by a party. You give no example of the conduct that you allege constitutes harassment. If you signed a contract with a choice of laws clause that mandates Illinois jurisdiction, that is where you are. Be careful!... View More

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1 Answer | Asked in Immigration Law for Illinois on
Q: Eligibility for EB-3 Skilled Worker status after F-1 visa revocation and asylum pending.

What are the chances of eligibility for adjustment of status under the EB-3 Skilled Worker category for an individual who entered the U.S. legally with an F-1 visa and applied for asylum? Their student status was recently revoked without prior notification while their asylum status remains pending.... View More

James L. Arrasmith
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answered on Apr 16, 2025

To pursue EB‑3 Skilled Worker status you must have a permanent job offer, an approved PERM labor certification and I‑140 petition, and you must maintain lawful status through the adjustment filing. Because your F‑1 visa was revoked, you no longer meet the status requirement to file Form... View More

1 Answer | Asked in Real Estate Law and Tax Law for Illinois on
Q: Are there penalties for selling a house shortly after getting a mortgage?

I'm planning to purchase a house with a mortgage for personal reasons and want to know if there are any limitations or penalties associated with selling the house shortly after purchasing. Are there typically fees involved with selling a home soon after obtaining a mortgage, and how might the... View More

James L. Arrasmith
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answered on Apr 16, 2025

In most cases, you can sell a house shortly after buying it with a mortgage, but you need to watch out for two things: prepayment penalties and transaction costs. Some mortgage agreements include a prepayment penalty clause, which means the lender may charge you a fee for paying off the loan... View More

1 Answer | Asked in Tax Law for Illinois on
Q: Can I consolidate foreign mutual funds in FBAR with a consolidated statement for 2024?

I am considering amending my FBAR for the year 2024. My former tax preparer filed the FBAR by consolidating eight foreign mutual fund accounts under one account because I had a consolidated statement. They assured me this method was appropriate. Is this an accurate way to report these accounts on... View More

James L. Arrasmith
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answered on Apr 16, 2025

If the eight foreign mutual fund accounts are each held at the same financial institution and reported under a single consolidated account number, listing them as one account on the FBAR with the total balance is sometimes accepted—*but only if* they are not legally distinct accounts. The FBAR... View More

1 Answer | Asked in Landlord - Tenant, Civil Rights and Real Estate Law for Illinois on
Q: Can I call the police on residents in common areas near my door in Illinois, or is it a misuse of resources?

I live in a residential complex where some residents have mental health and memory issues. One resident, a young lady, frequently knocks on my door mistakenly thinking I'm someone else. Although I have raised this issue with the property manager, they advised me to ignore it since the resident... View More

James L. Arrasmith
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answered on Apr 16, 2025

It is not a misuse of resources to call the police if you genuinely feel unsafe or believe a situation has escalated to a point where intervention is needed. However, calling the police simply because residents are standing or talking in a common area—especially when no threat or criminal... View More

1 Answer | Asked in Consumer Law and Identity Theft for Illinois on
Q: MoneyGram canceled my transaction, refund delayed. What can I do?

I live in Chicago, IL, and I sent $1000 through MoneyGram to my fiancée in the Philippines for condo rent. The payment is crucial and needs to be received by April 26th. However, MoneyGram canceled the transaction, disabled my profile, and mentioned a refund would occur within 10 days. Despite my... View More

James L. Arrasmith
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answered on Apr 16, 2025

Start by contacting MoneyGram’s customer service directly and ask to speak with a supervisor. Be prepared to provide your transaction reference number, the date and amount of the transfer, and your identity verification documents if needed. Explain the urgency of the situation and request... View More

1 Answer | Asked in Gov & Administrative Law for Illinois on
Q: Can I legally name my stillborn twin brother buried in Illinois?

I am 70 years old and had a twin brother who was stillborn and buried in Geneva, Illinois. My parents never named him, and I wish to give him a name for personal reasons as it has always bothered me that he wasn't given one. I have his death certificate but no other legal documents associated... View More

James L. Arrasmith
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answered on Apr 16, 2025

Yes, it is possible to honor your stillborn twin brother by giving him a name, even many years after his passing. While there may not be a formal legal process to amend a stillborn record in Illinois after such a long time, there are meaningful personal and ceremonial options available to you.... View More

1 Answer | Asked in Contracts, Civil Litigation and Real Estate Law for Illinois on
Q: Am I liable for roof issues after selling a house and passing inspection?

I sold a house with a contract requiring me to hire a licensed roofer to install a new roof. However, the buyer's real estate agent informed me that I could install it myself, as I was still the owner, which I did. The roof passed inspection as sound and up to code. Now, the new owner, after... View More

James L. Arrasmith
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answered on Apr 16, 2025

You fulfilled the contractual roof replacement by hiring licensed labor and obtaining a passed municipal inspection. Because the contract allowed you as owner to do the work, and the building department signed off, you have a strong defense against breach‑of‑contract or negligence claims. Keep... View More

1 Answer | Asked in Business Law, Contracts, Civil Litigation, Consumer Law and Personal Injury for Illinois on
Q: How can I hold a contractor liable for poor work and possible fraud in Illinois?

I hired a contractor in December 2024 who provided a purported license and insurance, but I cannot verify him as a registered contractor. He did roofing and plumbing that was not up to code, and I've already filed against him with professional regulation. He claimed to repair severe termite... View More

James L. Arrasmith
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answered on Apr 14, 2025

It sounds like you’ve encountered a serious situation, and it’s understandable that you want to hold the contractor accountable. The first thing you should do is check if the contractor violated any local or state laws regarding licensing. Even if he is not a registered contractor, he could... View More

1 Answer | Asked in Probate and Legal Malpractice for Illinois on
Q: Prolonged estate settlement and issues with father's life insurance sent to state. Lawyer not returning calls.

I am dealing with a prolonged estate settlement following my mother's passing four years ago. My father passed six years ago, and his life insurance policy was sent to the state instead of the family, according to our lawyer. Although the lawyer provided timelines, they have not been met, and... View More

James L. Arrasmith
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answered on Apr 13, 2025

If your lawyer is unresponsive and you have no clear explanation for the delays, it may be time to consider seeking guidance from another attorney. Start by gathering all relevant documents, including any letters, emails, or previous timelines your current lawyer provided. This will help a new... View More

4 Answers | Asked in DUI / DWI, Employment Law and Health Care Law for Illinois on
Q: How will an aggravated DUI affect my nursing job and license in IL?

I'm a nurse with six years of experience working in the emergency department at Northwestern Memorial. I recently received an aggravated DUI charge, and I'm concerned about how this might affect my job and my nursing license. The incident occurred last week, and I have not yet informed my... View More

Theodore J. Harvatin
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answered on Apr 13, 2025

I believe you have a duty to report that to the IDPFR. There are ways you can get ahead of this and the expert is Fred Nickle. I referred a number of healthcare professionals, mostly nurses, to him, and to a person they’ve been satisfied.

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1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Can ex-spouse request custody change in closing argument in Illinois?

In Illinois, can my ex-spouse request a drastic modification in parenting time, changing from every other weekend to joint custody, solely through a closing argument brief in trial court? We have a temporary agreed parenting plan that has been in place for approximately one year and is working... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Illinois, modifying parenting time requires filing a formal motion with the court; it cannot be accomplished solely through a closing argument in a trial. The court will assess any proposed changes based on the child's best interests, considering factors such as each parent's wishes,... View More

2 Answers | Asked in Family Law, Child Support, Bankruptcy and Real Estate Law for Illinois on
Q: Inquiry regarding rights for house and child support with joint mortgage situation.

I am not married to the father of my children, and we own a house together with a joint mortgage. He recently quit his job and cashed out his 401k. We all still live in the house, and I pay for my portion of the mortgage. There is currently no legal agreement for child support, but he refuses to... View More

Cheryl Powell
Cheryl Powell
answered on Apr 12, 2025

You should hire a lawyer immediately if any of his 401k is left to have it held for child support AND if you intend to separate from him. Generally, if you are living together it is perceived that you are accepting his quitting his job and you will not get a child support order. He can not avoid... View More

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3 Answers | Asked in Bankruptcy and Business Law for Illinois on
Q: Can I remove a co-borrower from a mortgage due to their bankruptcy and late payments after a forbearance filed without my knowledge?

I am on a joint mortgage loan with a co-borrower who has filed for bankruptcy and is currently unemployed. The co-borrower filed a forbearance without my knowledge, but continued to be late on payments afterward. I would like to know if I can remove the co-borrower from the mortgage loan due to... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 12, 2025

Even if the underlying indebtedness of your co-borrower is somehow discharged, you as a co-borrower cannot compel the removal of that co-signor absent an agreement with the creditor to do so. And in my experience, it would take a substantial payment to the creditor to get that done.

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Q: How can I challenge a child neglect record with DCFS due to biased witnesses and credibility issues in Illinois?

I have been placed on the state record for child neglect by DCFS due to an incident involving my oldest child’s mother. During a custody exchange, a confrontation occurred when I lowered her phone as she tried to record my fiancé. My ex started hitting me, pulling my hair, and scratching me. I... View More

James L. Arrasmith
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answered on Apr 13, 2025

To challenge the child neglect record in Illinois, you’ll want to first gather all evidence that supports your version of events. This includes any discrepancies between witness statements, police reports, and court testimony. If you believe the officer's statement was inaccurate, try to get... View More

1 Answer | Asked in Real Estate Law, Consumer Law and Insurance Defense for Illinois on
Q: How can I legally address repeated sewage backup flooding my basement?

I own a property that is experiencing sewage backup, which floods my basement through the downstairs toilet. This issue has happened three times now, and I have filed two claims with my insurance company, resulting in them planning to drop my coverage. I had a plumber install a backflow preventer... View More

James L. Arrasmith
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answered on Apr 12, 2025

That sounds like an exhausting and costly situation, and you're right to want to take legal steps. If the city is responsible for maintaining the sewer system and their negligence is contributing to the backups, you may have grounds to file a claim against the city for property damage.... View More

1 Answer | Asked in Public Benefits and Gov & Administrative Law for Illinois on
Q: Overpayment of cash assistance and repayment process with IDHS in Illinois.

I received an overpayment for cash assistance from the Illinois Department of Human Services (IDHS), which amounted to $2,600, but I only withdrew $400 and used $85. The remaining funds are still on my Illinois Link card and have not been used. The case worker acknowledged it was their mistake and... View More

James L. Arrasmith
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answered on Apr 11, 2025

It’s good that you noticed the overpayment and want to handle it responsibly. Since you’ve only used a small portion of the funds and the rest remains untouched, you’ve already taken an important step in showing good faith. Even though the caseworker admitted it was their error, it’s still... View More

1 Answer | Asked in Employment Law and Health Care Law for Illinois on
Q: Options for unpaid administrative leave after reinstatement in HIPAA investigation.

I was placed on administrative leave from my job at Riverside Medical Center due to a potential HIPAA violation reported by a nurse accusing me of accessing an employee's medical chart while they were hospitalized. I submitted my written statement on March 31st and clarified details during a... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s understandable that you’re frustrated about being placed on unpaid administrative leave, especially given that you’ve been reinstated without any disciplinary actions. Generally, when an employee is placed on administrative leave due to an investigation and later reinstated without... View More

2 Answers | Asked in Criminal Law and Traffic Tickets for Illinois on
Q: Will a plea deal in a gun case affect my speeding violation supervision?

I have a gun-related case that started in December last year, and I am still going to court for it. In February this year, I received court supervision for a speeding violation, which began on February 26th. In the gun case, they are trying to give me a class 4 felony with two years of gun... View More

David J. Winer
David J. Winer
answered on Apr 13, 2025

The gun case will have no effect on the speeding ticket as it happened before the ticket was received.

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