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Illinois Questions & Answers
1 Answer | Asked in Immigration Law for Illinois on
Q: Do I need a Mexican visa stamp to travel ?

I am an Indian national living in Chicago, my wife is an American citizen. We got married 8 months ago. I received my Combo card (EAD and Advance Parole) 5 months ago. We’re planning a 4 day trip to Cabo San Lucas, Mexico. I was on F-1 visa before marriage, this visa expired in 2023. I currently... View More

James L. Arrasmith
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answered on May 26, 2024

Based on the information you provided, as an Indian national with a valid U.S. Combo Card (Employment Authorization Document and Advance Parole), you should be able to travel to Mexico and re-enter the United States without needing a separate Mexican visa. However, there are a few things to keep in... View More

1 Answer | Asked in Immigration Law, Tax Law and Education Law for Illinois on
Q: How should I file tax if my employer don’t issue me a W-2 since I’m a part time intern? I make hourly.

I got approved CPT by the school before started working. So everything is legal but I’m just worried about how should I file tax to avoid futures consequences.

James L. Arrasmith
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answered on May 25, 2024

If your employer doesn't issue a W-2 because you're a part-time intern, you might be classified as an independent contractor. In this case, you should receive a Form 1099-NEC if your earnings exceed $600 in a year. Even if you don’t receive this form, you’re still responsible for... View More

1 Answer | Asked in Immigration Law for Illinois on
Q: Will there be future visa/immigration concerns if I work outside of the US on W4 using my SSN as a non-US person?

I lived in the US on visas for years and have a SSN. Due to my employment termination, I had to exit the US. A US company wants to hire me to work remotely and asked me to fill out the W4 for the tax withholding. Can I work for them outside of the US on the W4 payroll? In other words, is it... View More

James L. Arrasmith
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answered on May 24, 2024

Working remotely for a US company while outside the US and being paid through W-4 could raise some concerns regarding your future immigration status. The primary issue is whether this work would be considered unauthorized employment under US immigration laws. Since you are not physically present in... View More

1 Answer | Asked in Civil Litigation and Car Accidents for Illinois on
Q: What can I do?

On May 4 2024 I was in an accident. While at a stop light a vehicle hit me from behind, causing a chain reaction resulting in a 5 car accident. Luckily my daughter and I were not injured. My car sustained front end and rear end damages. The at fault driver was cited for texting while driving and... View More

Tim Akpinar
Tim Akpinar
answered on May 23, 2024

An Illinois attorney could advise best, but your question remains open for a week. Your post requests a local attorney to assist you on a PD claim. Attorneys here can't offer their services - there is no soliciting. You'd need to reach out to attorneys on your own. In addition to your own... View More

1 Answer | Asked in Family Law and Internet Law for Illinois on
Q: Do I have a right to photos of me taken by my stepmom, an illegal guardian, and posted on her Facebook page?

I would like to get my photos removed from my stepmom's Facebook page as they are my photos that were taken when I was a minor under the illegal guardianship of my stepmom. Since those photos of me were taken by my stepmom who was not my legal guardian, I believe I have a right to them and... View More

Cheryl Powell
Cheryl Powell
answered on May 22, 2024

I think you would have to file a temporary restraining order and preliminary injunction to order her to remove them. But I think you also would have to add what harm they are doing to you. And put when the last time was that she put one up. Children don't have control of who takes care of them.

1 Answer | Asked in Products Liability for Illinois on
Q: Do I send a letter of intent to just the business's lawyer, the business or both? Do I have it notarized?

I have a rough draft of a letter of intent that I'd like to get in the mail asap but I'm not exactly sure if I send it to the business"s lawyer, the business itself or both. Also, are letters of intent supposed to be notarized? I'm getting mixed answers so I'd like to be... View More

Tim Akpinar
Tim Akpinar
answered on May 19, 2024

An Illinois attorney could advise best, but your question remains open for three weeks. As a starting point, you could send it to both. In terms of notarization, a local attorney could advise best on your state's rules and guidelines there. If you receive a response from the attorney,... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: After 7 years I was transferred to a shift I can't work because daycares are not open. If I quit, can I get unemployment

I and my labor union have put in transfer request but they have not been honored. I have been out of work for 5 months now because they won't accommodate me. (I am in Chicago)

Cynthia Pietrucha
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answered on May 14, 2024

Great question. The 1985 case I copied/pasted below should help you understand your rights to unemployment benefits when you have to quit because your employer changes your shift:

ISSUE/DIGEST CODE Voluntary Leaving/ VL 50.05

DOCKET/DATE ABR-83-12308/8-9-85

AUTHORITY...
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1 Answer | Asked in Consumer Law for Illinois on
Q: A landscaper is requesting payment for work they screwed up. What should I do?

From 2020- 2022 we had a landscaping company do a variety of work on our house. They regraded our yard, repaired our tennis court and performed standard maintenance. The problem is that everything they did was wrong. The tennis court still has cracks throughout and the yard floods every time it... View More

Charles Candiano
Charles Candiano
answered on May 10, 2024

This never happened. That is what a judge will tell you. To have an enforceable contract, you secure a bid/quote on SPECIFIC WORK, how it is to be done, when it is to be done, who is responsible for the work permits, what it will cost, and how long it is guaranteed.

You need to provide...
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2 Answers | Asked in Tax Law and Juvenile Law for Illinois on
Q: I was I n Danville IL I stoped to make a call a friend left his keys in my truck I left to take him his keys I noticed

I noticed a city cop behind me dropped off keys cop got behind me again folled me north 12miles to Bismarck IL I turned west went 3 miles torount 1 turned north he got behind me again no lights on the hole time 4 miles from Roseville he turned on lights I stoped he said I had a hitch pin in... View More

James L. Arrasmith
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answered on May 9, 2024

Based on the information provided, it seems the police officer pulled you over for an obstructed license plate due to a hitch pin. The legality of the stop depends on the specific laws in Illinois regarding license plate visibility.

In Illinois, the law (625 ILCS 5/3-413) states that...
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1 Answer | Asked in Employment Law for Illinois on
Q: Can I sue my employer for dismissal based on false information?

My employer is planning to restructure our group, which will involve reallocating my team to other areas and eliminating my position. I have a copy of a draft letter from my manager to Human Resources that uses inaccurate information to justify these changes.

Michael I. Leonard
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answered on May 8, 2024

The mere fact that the information underlying the restructuring or RIF is inaccurate does not, by itself, create a legal claim for you. You would need to demonstrate that the restructuring was done in a discriminatory manner. So, the false information might still be relevant to a potential... View More

4 Answers | Asked in Business Law and International Law for Illinois on
Q: Can a US citizen get into trouble for selling pesticides to Canadian customers online if pesticide imports are illegal?

If Canadian laws ban importation and the sell of certain pesticides can a US citizen get in trouble for selling them to Canadian customers?

Michael I. Leonard
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answered on May 4, 2024

Obviously, Canadian authorities could attempt to criminally charge someone for engaging in that type of conduct - assuming of course that it is illegal under its laws. In addition, depending on the facts and circumstances, that same conduct could possibly subject someone to prosecution in the... View More

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4 Answers | Asked in Business Law and International Law for Illinois on
Q: Can a US citizen get into trouble for selling pesticides to Canadian customers online if pesticide imports are illegal?

If Canadian laws ban importation and the sell of certain pesticides can a US citizen get in trouble for selling them to Canadian customers?

James L. Arrasmith
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answered on May 8, 2024

Yes, a U.S. citizen could potentially face legal consequences for knowingly selling and shipping pesticides to Canada that are banned or restricted there, even if the sale originated in the U.S.

A few key points:

- Canada has its own regulations on allowable pesticides that may...
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4 Answers | Asked in Business Law and International Law for Illinois on
Q: Can a US citizen get into trouble for selling pesticides to Canadian customers online if pesticide imports are illegal?

If Canadian laws ban importation and the sell of certain pesticides can a US citizen get in trouble for selling them to Canadian customers?

Tim Akpinar
Tim Akpinar
answered on May 25, 2024

You should check with attorneys in Canada, since your question involves that nation's laws. But your post mentions the fact that importing pesticides is illegal, and without knowing more about those laws, it would seem likely that they include any sales, regardless of what medium they... View More

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4 Answers | Asked in Business Law and International Law for Illinois on
Q: Can a US citizen get into trouble for selling pesticides to Canadian customers online if pesticide imports are illegal?

If Canadian laws ban importation and the sell of certain pesticides can a US citizen get in trouble for selling them to Canadian customers?

Tim Akpinar
Tim Akpinar
answered on May 25, 2024

Addendum - There is also the issue of U.S. laws. Although not raised in your post, it's possible there could be U.S. laws (from the export perspective, not only import into the nation) that might be applicable. Good luck

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1 Answer | Asked in Criminal Law for Illinois on
Q: Do I have to be read my miranda rights if I was questioned raided and arrested in illinois?
Michael I. Leonard
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answered on May 4, 2024

Merely being questioned does not trigger the obligation of law enforcement to read you your Miranda rights. However, based upon what you have generally described, at some point during those various events, your Miranda rights should have been provided to you. I would of course need to know much... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: I made a complaint with employer about race discrimination and they say I’m just making an excuse! Should I go to eeoc?

I’ve went to my employer about being racially discriminated and harassed. After that they pull the only other person of my race in the office. They ask him if he feels discriminated against he tells them no. At the end of the conversation my branch manager tells the other guy that he feels like... View More

Michael I. Leonard
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answered on May 2, 2024

You can always file a Charge of Discrimination with either or both the Illinois Department of Human Rights or the Federal Equal Employment Opportunity Commission. However, keep in mind that, in general, you need to be able to show that you have suffered an "adverse employment" action.... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: I was watching the police video of Dexter Reed incident? Why were their plain clothed officers for a seatbelt violation?

Just like every other normal citizen I don’t have access to all the footage to make a determination of what exactly went down. But in the clip I saw a plain clothed officer point a gun and say get out of the car not announcing he was police at that point. Does that pose a threat to Dexter to... View More

Michael I. Leonard
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answered on May 2, 2024

Really good questions and insight. Clearly, members of law enforcement can be either in uniform or plain clothes, and of course may make, or participate in traffic stops. They need to announce their office, otherwise it is true that the individual may not even know or realize the individual or... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: Hi, recently arrested for trespassing into empty storage units. Nothing stolen, have no criminal record.

Officers charged me with Attempted burglary, possession of burglary tools, and criminal damage to property; because of broken lock. These serious felonies? What "typical" outcome? Thank you

Michael I. Leonard
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answered on May 2, 2024

There is no "typical" outcome. There are many possibilities based upon the individual facts of your case; the laws under which you have been charged; your own criminal history (or lack of it); and the prosecutor and jurisdiction you are in. Quite often, pleas of guilty are negotiated... View More

1 Answer | Asked in Civil Litigation for Illinois on
Q: Can judges create their own laws out of thin air?

What statute, precedent, or lawful means allows a judge in a Conversion of Property lawsuit to limit Plaintiff’s claim to only one day, with six additional restrictions?

The Judge has ordered that only the following items are allowed in the litigation:

(1) Items that were... View More

John Michael Frick
John Michael Frick
answered on May 2, 2024

Typically, in a lawsuit, there is a process called discovery in which the parties are required to disclose information, answer written questions, produce documents, and give depositions concerning the facts and contentions in a case. A party who does not comply with her discovery obligations... View More

1 Answer | Asked in Appeals / Appellate Law and Constitutional Law for Illinois on
Q: Are conditions of conditional release exempt from the illinois and united states constitution,even if the order is civil
James L. Arrasmith
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answered on May 1, 2024

Conditions of conditional release, even if they are part of a civil order, are not exempt from the requirements and protections offered by the Illinois and United States Constitutions. Every individual is entitled to certain constitutional rights that cannot be overridden simply by the nature of... View More

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