Monday, January 24, 2011

Married Couples Need to File Taxes Together for Immigration

Naturalization and Taxes

When you are going through the naturalization process in the United States, and you are married, it is in your best interest to file your tax returns as a married couple.

Although in some very rare instances, a tax professional may advise you that filing separately will bring greater savings overall, unless they will be willing to provide you with a letter for immigration, stating the reasons why they advised you to file separately as a married couple, you will be much safer filing a joint return.

Filing as Head of Household gives the USCIS the impression that you are not living together as a married couple anymore. Also, married filing separately can give the impression that you are not being honest in reporting income.

Finally, if you are close to the five year point on your permanent residence status, and feel that none of this will affect you, think again. The USCIS is much less likely to take you at your word when your five years is up, if you are found to be having problems with your tax situation beforehand.

In all immigration and naturalization matters, seek the advice of an experienced legal professional.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Tuesday, January 18, 2011

Immigration in RI Moves to Mimic Arizona

The Immigration debate lingers on with RI State Representatives attempting to push legislation through the system that would make detaining immigrants who cannot show proper identification legal.
The legislation pertains to those immigrants suspected of being in the country illegally, and gives law enforcement a broad spectrum of abilities with regard to legally detaining suspected illegals.
A recent article concerning one Representative's actions, with regard pushing this controversial legislation forward, follows below.

Palumbo plans to re-introduce controversial immigration bill

December 28, 2010
By Karen Lee Ziner
Journal Staff Writer

State Rep. Peter G. Palumbo said he plans to “keep the pressure on” by re-introducing copy-cat legislation in January of the controversial Arizona SB 1070 law, to curb illegal immigration in Rhode Island. Palumbo’s late-filed bill, cosponsored by Rep. Joseph A. Trillo, was killed before it could be heard in the House during the last session.
As written, the Arizona law makes failure to carry immigration documents a crime and gives police broad power, during lawful stops, to detain anyone suspected of being in the country illegally. A federal judge blocked key portions of that law a day before it went into effect.
Palumbo also said he will introduce another bill, or package of bills, when Governor-elect Lincoln D. Chafee goes forward with his announced plan to repeal Governor Carcieri’s executive order on illegal immigration. The bill, or bills, “will mimic the executive order to take its place legislatively,” Palumbo said.
Chafee has said he will make repealing the executive order one of his first acts as governor. Praised by opponents of illegal immigration, Carcieri’s 2008 executive order also drew widespread protest from immigrant advocates who argued that it exacerbates racial profiling.
As part of their research, Palumbo, D-Cranston, and Trillo, R-Warwick, in September toured the Arizona border with controversial Maricopa County Sheriff Joe Arpaio. They also met with Governor Jan Brewer, who signed SB 1070 into law.
That month, the U. S. Department of Justice filed a lawsuit against Arpaio for failing to cooperate with a federal investigation into whether his department has been systematically violating the rights of Hispanics. A federal class-action suit also charges Arpaio with racial profiling.
In a phone interview, Palumbo praised Arpaio, including his practice of forcing inmates to wear pink underwear.
“I have a pair of the pink boxer shorts that he autographed and signed for me that he puts the inmates in,” Palumbo said. “I’m aware of how controversial he is, but I think he’s a riot.”
Palumbo said he is also consulting with Minuteman Project leader Jim Gilchrist for guidance. The Minuteman Project defines itself as a “citizens’ watch group” that monitors illegal immigration at the U.S.-Mexican border. The Minuteman Project and its chapters have been called an extreme nativist group by the Southern Poverty Law Center.
Several dozen people in clown suits interrupted Gilchrist’s appearance at an October rally at the State House. The rally was to support Palumbo’s pledge to reintroduce the Arizona-style legislation in January.


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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Monday, January 17, 2011

Family Court Hearing vs. Trial

Why the Latter is Fading From Use


When someone says they are going to court for their divorce, the instant association is the vision of a trial. Nothing could be further from the reality however, as divorce trials have all but faded into obscurity with the very limited exception of cases where the parties cannot come to agreements over substantial assets, custody issues, alimony, child support or other marital separation situations.

A typical court appearance by the parties to a divorce action is commonly referred to as a hearing, not a trial. The parties in this instance are going before the Judge to have the merits, or circumstances of fact, reviewed by the Court, and a determination made as to an outcome if possible. This is done with a mind toward avoiding divorce trials; which can be very expensive, not to mention time consuming for everyone involved, including the family court system.

It is in the best interest of all parties to any domestic relations action to have at least some basic intent to settle the divorce prior to having to go to trial. And if the parties are unable to reach an equitable solution even after trial, then in most cases the Judge will impose the Court's settlement anyway.

In the Massachusetts Probate and Family Court system, the parties are not even allowed the hearing process until they have completed all aspects of reaching a resolution and discover, and have come to at least a workable settlement agreement between them.

Finally, there is nothing more draining than having to endure the proceeds of a Family Court Divorce trial for everyone involved. However, and in particular, children in these instances do very poorly having to witness their parents continued inability to reach a peaceful conclusion to something that is already causing them substantial pain.

Remember to seek the advice and counsel of a qualified domestic relations and family court attorney prior to taking any legal action on your own in the RI Family Court.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Friday, January 14, 2011

DREAM Act Prompts Immigration Supporters

The uproar over the largely misconstrued and misunderstood language of the DREAM Act has prompted law-makers and citizens alike to take heed and let their disagreements be heard over the complete disregard that legislators have chosen by recently voting in favor of the ill-received Act.

RI Immigration Attorney MacDonald posts the following article in its entirety from the Providence Journal website.


Update: Brown president joins rally for immigration act


By KAREN LEE ZINER
Journal staff writer

PROVIDENCE, R.I. -- At a campus rally Tuesday, Brown University President Ruth J. Simmons urged passage of the federal Development, Relief and Education for Alien Minors Act, to allow access to higher education "for thousands of [undocumented] students who have been raised and educated in the United States and who have the talent and drive to be important contributors."

The so-called DREAM Act would provide undocumented students the right to pursue higher education as a path to citizenship and endorses access to educational benefits.

More than 100 students and faculty attended the rally sponsored by the Brown Immigrant Rights Coalition, as part of a National Day of Action for passage of the DREAM Act.

Noting that the legislation "has been thwarted for almost a decade," Simmons said, "We believe the country should encourage those who are aspiring to participate fully in the life of the nation; who are aspiring to a life of usefulness and accomplishment through education and through service.

Its passage "would allow thousands of individuals who have innocently and conscientiously pursued a fruitful and law-abiding life to move on, without the torment of uncertainty that accompanies undocumented status."

Simmons added, "For reasons of national interest, alleviation of painful ambiguity and resolution of a longstanding injustice we urge DREAM Act be passed."

Senate Majority Leader Harry Reid has promised a vote on the bipartisan legislation before the lame-duck Congress ends its session.

Simmons, who had written to Rhode Island's congressional delegation asking their support for the act, thanked U.S. Senators Jack Reed and Sheldon Whitehouse for their leadership. Reed and Whitehouse are among the 40 co-sponsors of the legislation.

Similar events were being held at Harvard, MIT, Yale and Boston College.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Adoptions in RI a Happy Moment for Everyone

Rhode Island Adoptions

Family Court judges are regularly used to having to deal with painful and sorrowful events in their courtrooms when families are dissolved through the process of divorce, separation and child custody disputes. It's no wonder that the one day of the month set aside for adoptions is the favorite day for most at the family court. As Chief Justice Suttell said below, "Today we are building families, not dissolving them."

The full article follows below.

Judges finalize adoption papers for 18 children


November 21, 2010

By Paul Davis

Journal Staff Writer

PROVIDENCE — Nine years ago, Linda Harrod suffered a miscarriage. It’s okay, her husband, Norman, told her. We can adopt.

Linda thought about it. She wasn’t sure she could love another person’s child as much as her own.

“At first, we said we would adopt two children,” she remembers.

In 2006, the Cranston couple adopted four –– three girls and a boy. Three years later, they adopted another boy.

And on Saturday morning, they adopted two more children –– Emma, 3, and Isaiah, 5 –– in Rhode Island Family Court, as part of National Adoption Day.

Before entering courtroom 5E, Linda hoisted Emma into the air and asked, “What are we doing today?”

Emma, wearing silver ribbons in her hair, replied, “I’m getting adopted!”

In less than two hours, judges in several courts finalized adoption papers for 18 children at the Garrahy Judicial Complex. The children, some holding balloons, some in new shoes, went home with 16 families.

“This is my favorite day on the court calendar,” said Supreme Court Chief Justice Paul A. Suttell. On most days, family court is a place of grief –– divorces, children facing criminal charges.

“Today, we are building families, not dissolving them,” Suttell said.

About 4,500 children around the country were adopted this week in conjunction with the day, created to raise awareness of the 114,000 children in foster care waiting to find permanent homes, said the National Adoption Day Coalition.

Since 2000, more than 25,000 children have found new homes on National Adoption Day.

Many have been abused, neglected or raised by parents with drug or alcohol addictions.

In Rhode Island, 150 children are still looking for permanent homes, about the same number as last year, said Patricia Martinez, director of the state Department of Children, Youth and Families.

Both nationally and locally, the numbers of children in state care are shrinking, Martinez said. Locally, DCYF works aggressively with 11 agencies to find permanent homes for children in state care, she said.

A bad economy may also be a factor, experts say.

More parents are seeking children under state care because of the high costs of adopting infants overseas or through private agencies, said Darlene Allen, executive director of Adoption Rhode Island.

Parents can pay as much as $40,000 to adopt a child through a private agency. But parents pay no fees to adopt a child through DCYF.

In many cases, parents may qualify for medical and financial aid, day care — even federal refunds.

“Our information meetings are packed,” Allen said. The agency’s website generates up to 12,000 hits a month, she said.

On Saturday, parents, children, lawyers and social workers jammed the fifth floor of the court building, decorated with balloons and pictures of children looking for homes.

Court clerks handed out Tootsie Pops while judges studied papers. Adopted children opened bags filled with donated DVDs, toys and stuffed animals.

Jeff St. Germain-Donnelly and his spouse, Matthew, adopted a 9-month-old African American boy. Owners of the Little Falls Bakery & Café, in Cranston, they brought cinnamon twists for the other parents and children.

“The whole experience of adoption is special, but to be included on National Adoption Day –– we’re really excited,” Jeff said.

Many of those in court were foster parents first.

Linda and Norman Harrod became foster parents eight years ago. In all, they have housed 19 children and adopted seven of them.

The three boys sleep in one bedroom in the Harrod’s two-story bungalow on a dead-end street near Route 10. The three youngest girls share a separate room with pictures of Tinker Bell, Sleeping Beauty and Snow White on the walls. The oldest girl, 15, has her own bedroom.

“They all know they’re adopted,” said Linda, 47.

Several of the children see their biological mothers as part of an open adoption policy, she said.

“I think it’s important for these kids to know where they came from … and who they look like.”

Linda, who works at a day care and pre-school academy and takes classes at Rhode Island College, relies on an old-fashioned organizer to stay focused.

On school nights, she sorts the children’s next-day clothes in seven piles –– shirts, dresses, socks, underwear.

The kids are in bed by 7:30 p.m., up by 6:15. Linda drives them to their bus stops or schools before heading to work or class. Her husband is a housing supervisor at RIC.

It isn’t easy, she said.

Some of the children suffer from anger, anxiety, attention deficit hyperactivity disorder and other issues.

But the Harrods get financial support from the state. Social workers are in the home at least three times a week. And their oldest daughter helps, too.

“When they’re home, it gets noisy,” said Linda. “And we don’t get invited to too many places.”

By cutting back on some expenses, the family is still able to visit Walt Disney World in Florida every other year. “We rent a 15-passenger van and drive.”

On National Adoption Day, Linda talked about her new family to the crowd gathered in the courthouse.

“We are blessed to have seven children who have found their way into our hearts forever,” she said, adding that she also has a 24-year-old son from a previous marriage.

“We are not a traditional family –– but we are a real family,” she said.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Thursday, January 13, 2011

Immigration Attorney John E. MacDonald Featured Speaker for RI Bar Association Continuing Legal Education Events

John MacDonald Speaking at RIBA


On March 10 and March 16, 2011, Attorney John MacDonald will provide two Food for Thought seminars entitled The Immigration Consequences of Criminal Convictions, in conjunction with the RI Bar Association's CLE program in coordination with the president of the Newport County Bar Association. The seminars will be available in Providence on the 10th, and in Middletown RI on the 16th, and will run from approximately 12:45PM to 1:45PM.

This session focuses on the possible consequences of criminal convictions upon non-citizens, and your duty to advise your client in light of the Supreme Court's decision in Padilla v. Kentucky.

The immigration consequences of a criminal conviction may be far greater than any punishment of jail time, probation or a fine. This program will help you evaluate whether criminal conviction, diversion, or a plea will have an adverse affect on your client's immigration status and offer practical strategies for advising your client.

Attorney MacDonald stated, “My experience in Padilla v. Kentucky has given me an in depth understanding of the immigration implications involved in criminal matters. I am looking forward to speaking on this important topic again.”

The case of Padilla v. Kentucky is a precedent setting Supreme Court case involving the rights of a criminal defendant to be informed regarding the possibility of deportation when entering into plea agreements, or being found guilty of all but the most minor criminal offenses. With the recent changes to the Immigration laws, private counsel is now in the position of having to inform criminal clients about the possibility of deportation in all but the most obscurely referenced Immigration laws.

In all criminal cases involving immigrants, counsel must at least inform the client that the chance of deportation exists.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Tuesday, January 11, 2011

Immigration Story with a Happy Ending

Immigration and naturalization stories are typically not inclined to happy endings, so when a story can provoke at least a smile, it is well worth repeating.

Immigration Attorney John MacDonald found the following article regarding citizenship noteworthy and shares it below.

Woman Receives Naturalization Certificate After 27 Years


By Christine Lin

NEW YORK—Stories about immigrants waiting decades to receive their prized citizenship certificates conjure images of tortured legal proceedings and tears of frustration, but this one warrants a few laughs.

On Wednesday, a Dominican grandmother finally received her papers, after a 27-year-long wait for a notification letter to arrive from the U.S. Citizenship and Immigration Services (USCIS). Unbeknownst to Jenis Martinez, the letter had already arrived—only it was jammed behind her mailbox, where it remained unseen for nearly three decades.

Jenis Martinez became a citizen of the United States in 1975. After having misplaced her original citizenship certificate, she applied for a new one in 1983. USCIS promptly mailed her a letter, letting her know that she could pick up her new certificate on Dec. 22, 1983. Unfortunately, she did not find that letter until earlier this year.

Martinez, a grandmother and breast cancer survivor, went to the USCIS district office on Wednesday to receive her certificate from USCIS New York District Director Andrea Quarantillo before a gathering of reporters—exactly 27 years from the date that she could have picked it up.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Wednesday, January 5, 2011

Illegal Immigrants Get a Stay in Rhode Island

Immigration and naturalization are the objective of every immigrant who comes to the United States. And the Americans who live here are only too pleased to see that become a reality because it means new citizens, contributing citizens, who are here for the long haul, not simply to make money and return to their native lands, or worse, to hide as criminals under the guise of innocence.

Although immigration reform needs to be addressed in this country, especially in terms of its unfairness to illegals and the related debates surrounding the issue, giving illegal immigrants carte blanc to reside in the state is definitely not being seen as a move in the right direction by those opposed to the new Governor's way of doing things on day one in office.

An article detailing the highlights of Governor Chafee's innauguration follows below.

Update: Chafee lifts executive order on illegal immigration

Jan 05, 2011
By Karen Lee Ziner
Journal Staff Writer

PROVIDENCE, R.I. -- Less than 24 hours after he was sworn in, Governor Chafee Wednesday rescinded a controversial executive order on illegal immigration that had been issued by his predecessor, former Governor Carcieri.

Chafee signed the rescission in a packed room of cheering supporters, at the International Institute of Rhode Island, a nonprofit agency that aids immigrants and resettles hundreds of refugees each year.

He had pledged to rescind the order -- which he called divisive and harmful to the immigrant community -- as one of his first acts as governor.

"Roger Williams would be very proud," Chafee said as he signed the order.

Among other things, Carcieri's order required state agencies and vendors to verify the legal status of all employees.

Chafee's rescission will also end the so-called 287(g) agreement between state police and U.S. Immigration and Customs Enforcement that has led to four troopers being deputized with immigration enforcement powers.

Though a Chafee senior staff member, Stephen Erickson, had said Tuesday night that the rescission would not affect the partnership agreement, Chafee said otherwise at the International Institute.

"What about 287(g)? Will it be revoked?" a reporter asked.

"That's right, that's right," Chafee responded.

State Police Col. Brendan Doherty said he was contacted by members of the governor's staff Wednesday morning "and I was told that the governor will be calling me with an ear to rescinding 287(g)."

The rescission will end a requirement that the Department of Administration and state vendors use a federal E-Verify screening program to determine whether new hires or employees are legally eligible to work in the country.

Carcieri issued his six-point executive order on March 27, 2008. He said the federal government had dropped the ball on immigration reform and "as a result, the flow of illegal immigrants has become epidemic." He argued that taxpayers were footing the bill.

Praised by opponents of illegal immigration, the order drew widespread protests over concerns that it would exacerbate racial profiling in Rhode Island.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.