Practice Areas

Deportation Defense

There are several defenses to stop the process of deporting the person from the country.

Notary

Notary public services for power of attorney, affidavit, certified copies of any other document.

Family Law

Divorce, Maintenance, Child Support, Allocation of Parental Responsiblitites, Adoptions

Orders of Protection

People who are victims of abuse, harassment or intimidation are eligible to obtain a restraining order.

Immigration

DACA, Asylum, Family Immigration, Naturalization, Waivers, U-Visa, Employment Visa

Wills and Estates

Wills, Power of Attorney, Trusts, Declarations of Heirs, Legal guardianship

FOIA Requests

We request the files from the FBI, CBP and USCIS to make a more detailed analysis of the client’s situation.

Traffic / DUI

Traffic violations, no license, DUI, licenses for undocumented immigrants

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Our Services

Deportation Defense

Every year thousands of Hispanic families in the United States are separated by deportation proceedings. Deportation is an option for the United States government to return undocumented immigrants to their country of origin. However, there are several defenses that immigration courts may consider to stop the process of removing the person from the country. If you or a member of your family has been detained by the Immigration Department, it is important to remember that you have rights and several options. The first right that a person in this situation has is to consult with an attorney before signing any document that the immigration officer gives them.

The attorneys at Hispano Law Group, Ltd. are available to help you stay in the country and protect your future as a United States resident.

Thanks to our experience we can prepare a solid defense for your deportation case. Our firm guarantees that throughout your case you will speak with a lawyer in Spanish. Call us right now for your consultation.

Family Law

Divorce

Divorce is the legal process by which a marriage is ended. The law establishes several causes to dissolve the marriage, some of these causes are impotence, bigamy, adultery, abandonment, cruelty or having been convicted of a serious crime. In the state of Illinois there is also divorce without cause, where it does not have to be proven that any of the causes for a divorce have occurred and it is only necessary that the couple agree to end the marriage. In the event that the couple have children or property in common, in order to obtain a divorce by mutual agreement they have to agree on how the properties will be divided and also agree on the custody and maintenance of the minor children.

At Hispano Law Group, Ltd. we believe that lengthy litigation should be avoided in these situations and we focus on filing for consent divorces. Our interest is to avoid further discomfort and emotional damage to all parties related to the case and to complete the process as quickly and efficiently as possible.

Child Support and Allocation of Parental Responsibilities

In Illinois, allocation of parental responsibilities (formerly known as custody) determines who makes important decisions about the welfare of minor children. Those decisions include health care, religious education, education, and extracurricular activities. The decision regarding custody / assignment of parental responsibility and visitation time also affects the issue of child support. When one parent has allocated most of the time (custody) with a child, the other parent is usually required to help pay for part of the parenting expenses. Other support issues include the division of health insurance and non-covered medical costs, child-care, and extracurricular activity expenses for minor children.

The attorneys at Hispano Law Group, Ltd. are experienced in family law and can serve as a source of information on the requirements established by law and on possible outcomes in court.

Adoption

Adoption is the legal act by which a kinship bond is created between one or two people, in such a way that a paternity or maternity relationship is established between them.

For more information on adopting in Illinois and an initial discussion about your personal situation, contact the experienced attorneys at Hispano Law Group, Ltd. We provide advice on all the legal requirements and implications of adoption in Illinois, helping you avoid possible obstacles and complete the process in the fastest and most economical way.

Immigration

Deferred Action (DACA)
On June 15, 2012, the Secretary of the Department of Homeland Security (DHS) announced that certain individuals who came to the United States as children and meet specific requirements may request to be considered for Deferred Action by a two-year period, subject to renewal, and be eligible for employment authorization.

This youth benefit is not a path to legal residency or citizenship. All you are getting at the moment is employment authorization and the opportunity to apply for a valid Social Security number. Additionally, eligible youth will be able to obtain a valid driver’s license by meeting the requirements established by the state Department of Motor Vehicles.

To be eligible to request deferred action, the following requirements must be met:
- Was under the age of 31 as of June 15, 2012
- Came to the United States before age 16
- You have continuously resided in the United States since June 15, 2007, up to this time
- You were present in the US on June 15, 2012 and at the time you filed your request for Deferred Action with USCIS
- Entered without inspection prior to June 15, 2012 or your legal immigration status expired on June 15, 2012
- You are attending school, have graduated from high school, have a General Education Certificate (G.E.D.), or have served honorably in the Coast Guard or Armed Forces of the United States
- You have not been found guilty of a felony, significant misdemeanor, multiple misdemeanors, or pose a threat to national security or public safety

Asylum

In general, the term asylum refers to the practice of protection towards people for different reasons and situations. In some cases, asylum is granted to immigrants who have been forced to leave their country of origin due to the danger they face due to racial, religious, civil wars, natural disasters, etc.

Under the immigration laws in force in the United States, an immigrant is eligible for asylum only if he can show that he cannot return to his country of origin because he has suffered persecution or because he is afraid that he will suffer persecution for his:

• Race
• Religion
• Nationality
• Belonging to a particular social group
• Political opinion

If you are eligible for asylum, you will be allowed to remain in the United States and you will also be allowed to include your spouse and children who are in the United States on your application at the time of filing the petition or at any time before it is taken a final decision on your case. To include children on your application, they must be under 21 years of age and unmarried.

Family Immigration

The process of immigrating to the United States through a Citizen or Lawful Permanent Resident relative consists of two main stages. The first stage is known as the I-130 family petition; this is when a Citizen or Resident files a request for an immediate alien relative (parents, children, spouses, siblings). This first stage does not grant any right to the immigrant who wishes to enter the United States and only shows the family relationship with a Citizen or Legal Resident. Once the first stage is approved, you can move on to the second, where permanent residence is requested for the immigrant. There are some categories that establish priorities in the waiting times between one stage to the other that will depend on who is the immediate family member who files the request. In some cases, these waiting times can be many years.

When it’s time to move on to the second stage of requesting Permanent Legal Residence, it is necessary to analyze whether the immigrant is subject to penalties for having been in the United States illegally. This is because the general immigration rule establishes that for a person to be able to immigrate to the United States, he has to do so from his country of origin and not while being inside the country undocumented.

If the person who wishes to immigrate to the United States has been undocumented within the country; and is eligible for a waiver or meets any of the exceptions, then he can complete the process and the Legal Permanent Residence will be granted. In case of needing a waiver to be approved, the immigrant will have to go to his country of origin to complete the process at a US Consulate before being allowed to return as a Legal Permanent Resident.

The attorneys at Hispano Law Group, Ltd. have the experience necessary to analyze your case and determine if you need to request a waiver or if you meet any of the exceptions that allow you to immigrate without leaving for your country of origin.

Naturalization
Naturalization is the process by which a citizen of a country acquires the nationality or citizenship of another country with which they have acquired certain links as a result of the legally maintained stay in that country or other reasons, such as marriage or direct ancestry. To become a naturalized citizen of the United States, you must pass the naturalization test, in addition you must complete a naturalization interview. During the naturalization interview, questions about your Application for Naturalization and your background information must be answered. You must also take an English and civics test, unless you are eligible for an exemption or waiver.

You may be eligible for naturalization if:
- Has been a permanent resident for 5 years
- You have been a permanent resident for 3 years and meet all the eligibility requirements for naturalization as the spouse of a US citizen
- You are on active duty in the United States Armed Forces and meet all other eligibility requirements necessary to process naturalization
- You are a person of good moral character
- Can read and write in English
- Believe in the precepts of the US Constitution and take an oath of allegiance to the US

Waivers

The I-601 waiver approval process is a somewhat subjective one. The waiver request is based on demonstrating the undue hardship that the immediate family member (spouses, parents) who is a citizen or permanent legal resident would suffer if the immigrant was denied entry or deported from the United States or if the entire family had to return to the country of origin to be together. The term “extreme hardship” is not defined by immigration law. Therefore, immigration officers examining the case have a great deal of discretion to approve or deny the waiver request.

The fact that the term “extreme hardship” is not clearly defined, means that the approval of the pardon depends mainly on the strength of the evidence presented. Immigration officers review the evidence presented to determine if it is sufficient to demonstrate the need for the pardon to be approved.

The most common reason the immigration department denies I-601 waivers is because insufficient evidence is presented to show the “extreme hardship” that the immediate family member would suffer if the immigrant were not allowed to remain in the United States. In some cases, the evidence presented is not sufficient to convince the examining immigration officer that there would be immense harm; this is more likely to happen when the immediate relative is from the same country as the immigrant, speaks the language, and has relatives in the country of origin. In the event that the pardon is denied, there is the option of filing a request for reconsideration or submitting a new request for pardon with additional evidence demonstrating the extreme hardship that immediate family members would suffer.

U-Visa
The US Congress passed a law in 2000 that grants visas to victims of certain crimes who cooperate with the police or the prosecution in the criminal process against the defendant. Such individuals are eligible to receive a work permit and to apply for permanent residence.

The U-Visa provides legal status to individuals who demonstrate that they satisfy the four main elements:
- Has suffered physical or mental abuse as a result of a qualifying crime under immigration law;
- Provides information to the authorities of the criminal activity of which he was a victim;
- Has been, will be, or is likely to be of assistance to authorities and cooperates in investigating or prosecuting; and
- The criminal activity violated the laws of the United States and occurred within the United States
One benefit of the U-Visa is that it does not take into account the barriers that exist in a typical immigration case due to undocumented time in the US, previous deportations, criminal offenses, and other stains on the applicant’s record. The law allows the U visa applicant to adjust her immigration status despite being subject to some barrier that would prevent her from immigrating through another type of immigration procedure. In other words, even with several problems on your record, you can adjust your status with the U Visa.

It can also be requested from your family members within your application. If the victim is under 21 years of age, they can also apply for a visa for: their spouse, unmarried children under 21 years of age, parents, and unmarried siblings under 18 years of age. If you are over 21 years old you can apply to your: spouse and unmarried children under 21 years old. If the U-Visa is approved, a work permit is received for 3 years and then the Permanent Legal Residence is obtained.

Employment Visa
There are two categories of worker visas in the United States. One is the non-immigrant category, which implies that the workers may stay in the United States for a limited time and then return to their country of origin. There is also the category of immigrant, where the worker can remain for an unlimited time within the country and eventually obtain Legal Permanent Residence in the United States.

For any of the categories, it is necessary for the employer to submit an application on behalf of the immigrant worker who wishes to work in the United States.

Some of these visa categories require that you already have a job offer from a US employer. This employer will be considered your sponsor. For some visa categories it is necessary that before the U.S. employer can petition the Department of Immigration, it must obtain an approved labor certification from the U.S. Department of Labor. The Department’s labor certification of Labor confirms the following:
- There are not enough US workers available, qualified and willing to fill the position offered at current salary
- Hiring a foreign worker will not adversely affect the wages and working conditions of US workers with similar jobs

FOIA Requests

To request any benefit from the Immigration Department, it is required to provide correct information on how you entered the United States and if you had any contact with the immigration authorities at the border. Many times the person does not clearly remember the exact information of how and when they entered and does not remember if they were fingerprinted when they were caught by immigration. In these cases, it is advised to perform an immigration investigation and request all the files that contain information about the individual; FBI, Border Patrol, and Immigration Department files are requested to review the client’s status. Once this information is available, the lawyer can make a more detailed analysis of the client’s situation and determine if he is eligible to obtain the benefit he wants to request.

At Hispano Law Group, Ltd. we have handled a large number of these cases and we have the experience and knowledge to process these investigations in the most fast, economical and efficient way possible.

Notary

The purpose of notarization is to prevent fraud and counterfeiting. The notary acts as an official and impartial witness to the identity of the person who appears before the notary for a specific purpose.

We provide services for the drafting of authorizations for minors to travel outside the US, power of attorney and notarization of all types of documents. Our notaries are fully bilingual and we have document translation services.

Orders of Protection

When a person is a victim of family abuse, there is the legal remedy of an Order of Protection or Restraining Order. The victim can be any member of a family, that is, husbands or wives, children, ex-partners and even housemates are eligible to obtain an order of protection.

Abuse can include physical and emotional abuse, harassment, intimidation, among others. The person who is the victim of abuse can apply for an order of protection without the presence of the aggressor. Initially, the court grants a temporary protection order and then a hearing is held where the accused has the opportunity to defend himself against the allegations.

At that hearing, the court will decide whether to extend the order of protection and restraining order up to a maximum of 2 years or, on the contrary, can eliminate the temporary order. The granting of an order of protection may include the following consequences:

Sole possession of the residence

temporary child custody

temporary child support payments or maintenance payments to spouse

At Hispano Law Group, Ltd. we have experience handling these types of cases, both representing the person requesting the protection order and the person defending himself from an action of this type. Our attorneys speak Spanish and can provide guidance regarding this and other areas of the law. Call our offices for a consultation.

Wills and Estates

At Hispano Law Group, Ltd. we do more than just write a will, we can help you create a comprehensive estate plan that protects your family and helps ensure your wishes are met.

We provide advice on the creation of documents to meet specific needs such as:

Wills and Living Wills (also known as Advance Medical Directives)

Financial and health care powers of attorney

Trusts (revocable, irrevocable and special needs)

We provide services to executors and heirs in probate and administration and distribution of the estate. We also provide services to the heirs in the preparation of Declarations of Heirs in cases where the deceased left no will.

Traffic / DUI

Traffic

A traffic violation is a violation of motor vehicle laws. In the case of the most serious traffic offenses, the sanction can be criminal, to the point of carrying prison sentences.

Traffic offenses can be of a very diverse nature, the most serious are usually those that endanger the life of the offender or third parties. Examples of these would be speeding, reckless driving, or driving under the influence of alcohol or drugs (D.U.I.). However, driving without a license or vehicle insurance is also a traffic violation.

DUI
In Illinois, authorities take the crime of driving under the influence (D.U.I) very seriously. The law establishes that the limit of alcohol allowed to be able to operate or have control of a motor vehicle is .08 percent of alcohol in the blood, that is the measurement that is used to determine how much alcohol has been consumed. In these cases, the first conviction for D.U.I. will result in the revocation of your driver’s license.
The penalties for being convicted by D.U.I. in Illinois they range from:

A jail sentence in the County Department of Corrections or the Illinois Department of Corrections.

Community service

Suspension and/or revocation of driving privileges

Court-ordered Drug and Alcohol Dependence Treatment

Fines and court costs

At Hispano Law Group, Ltd. we are dedicated to representing our community, doing our best to avoid lengthy sentences, and helping to regain driver’s license privileges. In addition, we focus on protecting the immigration status of our immigrant community after an arrest by D.U.I. or for other traffic offenses.

Driver's License

In January 2013, the State of Illinois passed the “Highway Safety Coalition State Bill 957”, which authorizes undocumented immigrants to acquire temporary driver’s licenses and will give drivers access to obtaining insurance for their car. The new law will be in force as of the last week of November 2013.

Not all undocumented immigrants will be eligible for the temporary license. Drivers who have been licensed by the state using false names or social security numbers could face criminal charges and should proceed with caution. In the same way, undocumented people who have been convicted of driving under the influence (D.U.I.) may also face problems when applying for a temporary license.

The state of Illinois uses computerized facial recognition systems to verify if anyone has been licensed under another name or social security number. If you have previously been licensed under another name or social security number or have been convicted of DUI, at Hispano Law Group, Ltd., we can help you by doing an investigation of your file with the Secretary of State and the vehicle division, to make sure you won’t have any issues when applying for the temporary license.

Practice Areas

CALL US TO SCHEDULE YOUR CONSULT

1(800) 719-8645

Our Services

Deportation Defense

Family Law

Immigration

FOIA Requests

Notary

Orders of Protection

Wills and Estates

Traffic / DUI

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