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Illinois Questions & Answers
2 Answers | Asked in Immigration Law for Illinois on
Q: Is it safe to travel abroad on H1B visa after filing I-130 and I-485?

I am currently on a valid H1B visa with a stamp active until August 2026. I am about to marry a U.S. citizen and plan to apply for I-130 and I-485 shortly after the marriage. We have scheduled our wedding celebrations abroad, in Israel and India, for December 2025 to January 2026. I have not... View More

Remzi Guvenc Kulen
Remzi Guvenc Kulen
answered on Jul 5, 2025

H-1B is a dual intent visa. You do not need advance parole while traveling on an H-1B visa. You would not be deemed to have abandoned your I-485 application if you left the US while your I-485 is pending, because H-1B is dual intent and you can travel on it.

You have two options:...
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2 Answers | Asked in Civil Litigation, Personal Injury and Domestic Violence for Illinois on
Q: What are potential civil court sentences for egging/painting a car, mental health claims, and a restraining order?

In a civil court case involving two counts of egging and painting a car with kids' paint, what might be the sentence considering these circumstances? The case includes mental health claims with a restraining order currently in effect. There are no prior disputes, and the plaintiff is seeking... View More

Charles Candiano
Charles Candiano
answered on Jul 3, 2025

This is easy. This is a small claims case as the amount in controversy is less than $10,000.00. The amount someone sues for has very little to do with anything. The Court will award the cost to repair/clean/restore the car. If a restraining order was in effect, additional monetary penalties may... View More

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3 Answers | Asked in Bankruptcy and Business Law for Illinois on
Q: Will giving my wife a credit card impact her bankruptcy or my credit?

I want to give my wife a credit card from my account, solely under my name. I am not filing for bankruptcy, and my credit is excellent. My wife is filing for bankruptcy soon. We have a lawyer on retainer, and most of the paperwork is ready to be filed within the next week. We have no joint credit... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 29, 2025

If your wife files a Ch. 13, she should identify whatever income/payment of debt you provide. In addtion, she should show whatever share of household expenses you provide.

In a Chapter 7, the "curtain" drops on date of iling (wife's eligibility for bankruptcy may be...
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2 Answers | Asked in Contracts and Family Law for Illinois on
Q: How can I create a legally binding college payment contract with my parents as a minor in Illinois?

As a 17-year-old, I want to create a legally binding contract with my parents to ensure they pay for my first four years of college. Past behavior from my parents, such as leaving my older sister with college debt, makes me concerned for my future financial responsibilities. Although my parents... View More

Cheryl Powell
Cheryl Powell
answered on Jun 26, 2025

First of all, you have no right to contract until you are age 18 or over. Secondly, if your parents are still married, they are not legally obligated to provide you support through college. That is only a requirement if there is a divorce case and certain criteria are met. Usually I say they... View More

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3 Answers | Asked in Car Accidents, Personal Injury and Criminal Law for Illinois on
Q: Near-miss with cyclist while turning, reported to police, awaiting further action.

I made a right turn, and a cyclist was closer than I thought, resulting in a near-miss incident. There was a witness, and the incident was reported to the police. I haven't exchanged information with the cyclist, nor have I been contacted by any insurance companies yet. While no citations have... View More

Charles Candiano
Charles Candiano
answered on Jun 24, 2025

You posted this twice but you don't provide any details. You described the incident as a "near miss," yet you talk about a witness and a possible pending citation. For what? Did the cyclist hit your car? Did the cyclist wreck his bicycle to avoid colliding with you? Was the... View More

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3 Answers | Asked in Animal / Dog Law and Personal Injury for Illinois on
Q: Am I liable if my dog jumps on someone after warning them not to approach in Illinois?

In Illinois, while I was walking my dog on a leash, I informed someone not to approach because my dog is in training. Despite my warning, they approached anyway, and my dog jumped on them. My dog has never shown aggressive behavior before. Am I liable for my dog's actions in this situation?

Tim Akpinar
Tim Akpinar
answered on Jul 2, 2025

Generally, yes. But it can also be fact-specific - radius of dog's tether, person affirmatively approached or simply had nowhere else to pass, manner in which you tried to warn off, etc. In some cases, the person's conduct could be deemed contributory. Luckily, the damage sounds like it... View More

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3 Answers | Asked in Animal / Dog Law and Personal Injury for Illinois on
Q: Am I liable if my dog jumps on someone after warning them not to approach in Illinois?

In Illinois, while I was walking my dog on a leash, I informed someone not to approach because my dog is in training. Despite my warning, they approached anyway, and my dog jumped on them. My dog has never shown aggressive behavior before. Am I liable for my dog's actions in this situation?

Charles Candiano
Charles Candiano
answered on Jun 24, 2025

If you could prove that you warned the individual (such as by an eyewitness who overheard the exchange), the person who your dog attacked may bear some contributory negligence. That notwithstanding, you are liable for the attack because the animal was out of your control. The fact that your dog... View More

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2 Answers | Asked in Divorce, Family Law and Real Estate Law for Illinois on
Q: Can my husband claim a house I buy with my own money before divorce in Illinois?

I have been living with friends for three months, but my mail still goes to my husband's house in Illinois. We are not legally separated or divorced yet. I plan to buy a house entirely with my own money, and we have no shared funds or prenuptial agreement. My husband is possibly aware of my... View More

Brian W. Reidy
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Brian W. Reidy
answered on Jun 24, 2025

Yes. Do not buy a house during the marriage unless you understand all of the legal consequences. Based on your message, you may believe that "your" money is yours because it comes from your paycheck and it is placed into your account. This is not accurate. I highly suggest that you speak... View More

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3 Answers | Asked in Car Accidents and Personal Injury for Illinois on
Q: What are the legal consequences of turning right into a cyclist's path with right of way?

I turned right at an intersection where a cyclist had the right of way. I thought I could make the turn safely, but there was a problem. There was a witness there who saw what happened, but I'm not sure if there are any surveillance cameras or recordings of the incident. The cyclist had the... View More

Charles Candiano
Charles Candiano
answered on Jun 24, 2025

You posted this twice but you don't provide any details. You described the incident as a "near miss," yet you talk about a witness and a possible pending citation. For what? Did the cyclist hit your car? Did the cyclist wreck his bicycle to avoid colliding with you? Was the... View More

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2 Answers | Asked in Immigration Law for Illinois on
Q: Will my new I-485 application be jeopardized after past denial and possible NTA?

In 2023, my green card application was denied because my previous spouse refused to attend the interview. I am now remarried to a U.S. citizen, and I filed a new I-485 in April 2025. Given my past denial, will my current application be jeopardized, and is there a risk of receiving a Notice to... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 15, 2025

Congratulations on your recent marriage and upcoming addition to your family!

Your prior I-485 denial (due to lack of cooperation from your previous spouse) does not automatically jeopardize your new adjustment of status application, as long as your current marriage is genuine and you meet...
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2 Answers | Asked in Criminal Law and Juvenile Law for Illinois on
Q: How can I protect my boyfriend from charges related to texts discovered by my parents?

I am 17 years old, and my boyfriend is 22. My parents discovered flirty and sexual text messages between us that date back to three months before I turned 17. There are no existing restraining orders and no previous involvement with law enforcement. My parents have been threatening for 4 months to... View More

Ahmet Kaymaz
Ahmet Kaymaz
answered on Jun 14, 2025

This is a very delicate and stressful situation, and it’s clear you're trying to handle it responsibly while protecting someone you care about. The main legal risk your boyfriend faces is whether the messages—especially those sent before you turned 17—could be interpreted as evidence of... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: Do I have a case for lymphedema caused by medical negligence?

I developed lymphedema after a member of my healthcare team took my blood pressure on the side where I had lymph nodes removed due to breast cancer. The incident occurred about a month ago, and my oncologist diagnosed it as lymphedema. My medical history, including records from my surgical... View More

Charles Candiano
Charles Candiano
answered on Jun 13, 2025

I agree with much of what my colleague wrote. That said, I must point out that someone with a severe allergy to peanuts bears the responsibility of asking whether food contains peanuts before they ingest it. You cannot charge the entire world with the responsibility of knowing that you have an... View More

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2 Answers | Asked in Business Law and Real Estate Law for Illinois on
Q: Is it legal to sell personal items online in Illinois without an auctioneer license?

I would like to know if it is legal to sell my personally owned items fairly regularly (a couple of times a month) on online platforms such as Whatnot and eBay in Illinois without an auctioneer license. Most items are used, and I may consider expanding sales to buyers outside Illinois. I want to... View More

Stephen Sotelo
Stephen Sotelo
answered on Jun 12, 2025

The Auction License Act, 225 ILCS 407/5-1, et. seq., governs the conduct of auctioneers. Under the Act, an "Auctioneer" is defined as "a person or entity who, for another, for a fee, compensation, commission, or any other valuable consideration at auction or with the intention or... View More

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2 Answers | Asked in Employment Law for Illinois on
Q: Is it legal for my employer to question my job suitability due to FMLA needs?

I need to use FMLA to care for my spouse, who will undergo serious surgery soon. While considering whether to take leave continuously or on a reduced schedule, I’m concerned about my employer's attitude. Two years ago, when I took FMLA leave with a reduced workday and travel limitations, my... View More

Josh Friedman
Josh Friedman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 16, 2025

It is illegal for your employer to take any type of adverse action against you because you used FMLA leave. Any such adverse action would constitute FMLA discrimination. The comment from your boss is way off base, and you should strongly consider raising this with HR, if you have not already done... View More

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2 Answers | Asked in Environmental and Real Estate Law for Illinois on
Q: Can I purchase property with removed underground storage tanks and clear title?

I am considering purchasing a property with a clear title, which previously had underground storage tanks removed between 1991 and 1993. I possess an IEPA Field Report documenting the cleanup during that time. However, there is no notice on the title or from the IEPA indicating that no further... View More

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2025

Before you sign a contract to purchase or pay the grantor, hire an IL attorney to search the title and check for any environmental problems. You may need an environmental consultant, and you must check with both State and US EPAs. Buying a dirty site will destroy you. Also do not have the... View More

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Q: State Farm insurance coverage discrepancy after car accident

I have State Farm insurance and bought my car five years ago. I was supposed to have full coverage, both for myself and for my financial bank, but I only have liability coverage. I was unaware of this until after an accident occurred. I need assistance on how to address this issue and what steps to... View More

Robert Shipley
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Robert Shipley
answered on Jun 10, 2025

The question does not describe when the policy which covered the vehicle on the date of accident was issued. Illinois law requires a policy holder to read/review the policy when it is issued to verify they have the insurance coverage they requested and if unsure, to contact their agent/broker to... View More

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4 Answers | Asked in Car Accidents, Civil Litigation, Legal Malpractice and Personal Injury for Illinois on
Q: Settlement delay: lawyer not informing about lien resolution process.

I received a settlement from my motor vehicle accident in September 2024, and my lawyer has been handling liens associated with it. I've been trying to check in monthly, but I usually get the same response of "working on liens" without further details. Despite requesting an in-person... View More

Lindsey Seeskin
Lindsey Seeskin
answered on Jun 9, 2025

I'm very sorry to hear of the situation you find yourself in. Though not all necessary facts are provided in your description, I can confidently inform you that under nearly all circumstances, it should never take 10 months to resolve a client's liens. Personal injury attorneys know the... View More

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4 Answers | Asked in Car Accidents, Civil Litigation, Legal Malpractice and Personal Injury for Illinois on
Q: Settlement delay: lawyer not informing about lien resolution process.

I received a settlement from my motor vehicle accident in September 2024, and my lawyer has been handling liens associated with it. I've been trying to check in monthly, but I usually get the same response of "working on liens" without further details. Despite requesting an in-person... View More

Charles Candiano
Charles Candiano
answered on Jun 8, 2025

You provide none of the details necessary to provide any meaningful answer to your question. Liens and subrogation interests can be complicated and are easily confused. Why didn't you ask these questions when you authorized the settlement? In my experience, clients don't care whether... View More

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2 Answers | Asked in Landlord - Tenant, Personal Injury, Civil Litigation and Real Estate Law for Illinois on
Q: Is my landlord allowed to damage my belongings after eviction in Illinois?

After being evicted on default on 5/7/25, my landlord deliberately damaged my belongings by putting lighter fluid on them. I have photos and many witnesses to support this claim. Is the landlord legally allowed to do this, and what actions can I take?

Charles Candiano
Charles Candiano
answered on Jun 6, 2025

If you are within the city limits of Chicago, your landlord had a duty to protect your property for 7 days under local ordinance. Elsewhere in Illinois, unless there is a provision to the contrary in the rental agreement, Landlords should follow a "best practice" scenario of storing... View More

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3 Answers | Asked in Collections, Civil Litigation and Family Law for Illinois on
Q: Can I prevent a body attachment for late payments on court-ordered debt to my ex-wife?

I have a court order to pay money I owe my ex-wife. Although I've been mostly on time with payments, I've missed a few months due to lack of work. I'm currently employed, but my ex-wife's lawyer wants to issue a body attachment due to these late payments. Previously, I was... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 6, 2025

Contact the attorney with a solid repayment plan. You MUST make the court-ordered payments; there's no getting around the court order. (Of course it went to your ex-wife.) Set aside your feelings about your ex; this is a legal obligation. Get on with it.

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