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Legal Resources

From Fajardo Law Group, LLC

Legal Resources & FAQs

Immigration Resources

General Legal

Immigration FAQs

A “green card,” issued by U.S. Citizenship and Immigration Services (USCIS), provides proof of lawful permanent resident status, with authorization to live and work anywhere in the United States. Most green cards must be renewed every 10 years, but conditional green cards based on marriage or investment must be replaced after the first 2 years.

U.S. Citizenship and Immigration Services (USCIS), part of the U.S. Department of Homeland Security (DHS), is the government agency that oversees legal immigration to the United States. USCIS is primarily responsible for approving green cards, naturalization, work permits, travel permits, and other “immigration benefits.”

A green card application may be denied by the U.S. government for several reasons, including but not limited to mistakes on the required forms, missing documents, insufficient financial resources, or failure to demonstrate eligibility.  For more information, contact our law office to speak with a skilled attorney who can further assess your case.

Anyone who already has a valid work visa (for example, an H-1B or L-1 visa) can usually continue working in the United States even while applying for a U.S. green card. Otherwise, green card applicants aren’t allowed to start working in the United States until they obtain a work permit by filing Form I-765. 

There are many ways to get a green card, and the timeline for each pathway is different. Depending on the situation, the marriage-based green card process can vary according to what field office or service center your case is being processed. Contact our office for more information regarding green card processing times.

Yes, our office can help you with this time-consuming process.  USCIS has specific forms that need to be completed for your spouse, your child and other family member.  Contact our office to speak with a skilled attorney that can assist you with this process.

You need a sponsor. The majority of people have a sponsor, which is a specifically a family member, like a spouse or close relative, or even an employer in America. There are a few other scenarios too, such as refugee status or self-representation.  For more information, contact our office to help you find the correct sponsor and begin this process.

Immigration is a complex area so if you or a loved one are facing an immigration issue, please contact Fajardo Law Group, LLC to speak with an experienced attorney who can help you through this process.

Illinois Divorce FAQ

  • Impotence at the time of the marriage and thereafter;
  • Bigamy;
  • Adultery committed subsequent to the marriage;
  • Willful desertion or absenting for one year;
  • Habitual drunkenness for a period of two years;
  • Gross habits caused by the excessive use of addictive drugs for two years;
  • Attempt on the other spouse’s life;
  • Extreme and repeated physical or mental cruelty;
  • Conviction of a felony or other infamous crime;
  • Infection of the other spouse with a sexually transmitted disease;
  • The parties have lived separate and apart for a continuous period in excess of two years, irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family; or
  • The parties have lived separate and apart for a continuous period of at least six months prior to the entry of judgment dissolving the marriage, and both parties agree to waive the two-year requirement.

The requirement of living “separate and apart” does not necessarily require that the parties be physically separated. Additionally, periods of living together while attempting reconciliation or continued living in the same residence after the breakdown of the marriage may be considered living “separate and apart” for purposes of the required separation period.

In the case of a contested divorce in the state of Illinois, there is typically a six month waiting period. In the case of an uncontested divorce in Illinois, there is not a mandatory waiting period so long as you meet the state residency requirements.

While Illinois requires grounds for dissolving the marriage, the alleged marital fault or misconduct of either party is not considered in the division of property or in awards of maintenance. However, the financial misconduct of either party once the marriage has failed may be found to have “wasted” marital funds and that party may be required to reimburse the marriage for any such waste.

This will depend on the facts of your case. The court can order temporary or permanent maintenance to either spouse, without regard to marital misconduct. The court will consider a number of factors in determining maintenance, such as:

  • The income and property of each party;
  • The needs of each party;
  • The present and future earning capacity of each party;
  • The standard of living established during the marriage;
  • Any impairment to present and future earning power due to devotion of time to domestic duties or foregoing education, training, employment or career opportunities due to the marriage;
  • The standard of living established during the marriage;
  • The duration of the marriage; and
  • The age, physical and emotional condition of both parties.

Contact our office to speak with a skilled attorney who can further assess your case and provide you with competent legal representation.

Illinois is an equitable distribution state where court officials determine what equitable distribution is most appropriate for the divorce by weighing the individual circumstances of both parties.

Texas Divorce FAQ

There are seven grounds for divorce allowed under Texas law. The first is insupportability. Insupportability means “discord or conflict of personalities” that has prevented any “reasonable expectation of reconciliation.” Another ground for divorce is living apart. This ground requires that the “spouses have lived apart without cohabitation for at least three years.” The third ground for divorce is confinement in a mental hospital, and requires that one spouse be confined in a state or private mental hospital for at least three years plus the requirement that “the mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, relapse is probable.” The next ground is cruelty, which occurs when one spouse treats the other spouse cruelly and living together is insupportable. Abandonment can also be a reason for divorce, and requires that one spouse has “left the complaining spouse with the intention of abandonment; and remained away for at least one year.” Conviction of a felony and adultery are the last two grounds. It is important to note that the person alleging grounds for divorce must also prove those grounds. For example, when a spouse suspects adultery that spouse must be able to prove the adultery occurred.

There are no requirements for marriage separation in Texas prior to filing for divorce. As long as one spouse has been a domiciliary of the state for six months and a resident of the county for 90 days, the divorce can be filed.

Marital fault grounds for divorce in Texas include: adultery, cruelty, felony conviction and abandonment.

Adultery means one spouse has committed adultery. Cruelty means that one spouse treated the other in such a way that the marriage and living together was insupportable. Abandonment in Texas requires that one spouse has “left the complaining spouse with the intention of abandonment; and remained away for at least one year.” Felony conviction requires that the other spouse be imprisoned for a year.

You can either get maintenance or you will have to provide maintenance to your spouse in only two specific circumstances:

  1. The spouse from whom maintenance is requested was convicted or received deferred adjudication for family violence within two years from the suit for dissolution of the marriage or while the suit is pending; or
  2. If the marriage lasted more than 10 years, the spouse seeking support does not have “sufficient property” to provide for their “minimum reasonable needs,” and if the spouse seeking spousal maintenance either:
    1. Cannot support themselves and get employment because of an incapacitating physical or mental disability;
    2. Is the custodian of a child of any age who needs substantial care because of a physical or mental disability making it impossible for that spouse to obtain outside employment; or
    3. The spouse does not have the earning ability to provide support for that spouse’s minimum needs.

In determining the “nature, amount, duration, and manner of periodic payments,” the court will review specific statutory factors. Typically, spousal maintenance is limited to three years.

However, the Texas Family Code does provide some exceptions relating to disability of a spouse or a child. Furthermore, the court may not order a spouse to pay more than $2,500, or 20%, of the spouse’s gross monthly income, whichever is less.

Texas is a community property state, which means property acquired during the marriage belongs equally to both spouses.

A divorce, whether contested or uncontested, can be a tough process to go through mentally and financially.  There are also several other aspects to a divorce, as well, which may involve child support and child custody/parental responsibilities, so it is important to properly assess your circumstances and speak with a skilled attorney who can help you navigate the court system and best address your needs. 

Fajardo Law Group, LLC has the legal experience you need.

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