RI Support for Undocumented Immigrants Shared by North Carolina

North Carolina joins Rhode Island in supporting young undocumented immigrants

According to Governing magazine, North Carolina is the latest state to offer drivers licenses to undocumented immigrants.

Thousands of young illegal immigrants in North Carolina may obtain government-issued photo IDs and driver licenses because of a change in policy Feb. 14 by the state transportation secretary.  North Carolina is the newest state to grant driver’s licenses to young immigrants who meet certain qualifications related to age, education, non-criminal status and military service under the Obama administration’s Deferred Action for Childhood Arrivals program. The state Department of Motor Vehicles will issue licenses starting on March 25, officials said.

The state of Rhode Island has already granted in-state tuition for young undocumented immigrants through action by the Board of Governors for Higher Education.


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If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.

Green Cards

Rhode Island Green Card Lawyers

One of the most highly sought opportunities for immigrants visiting the United States is the that of obtaining legal residency in the form of a green card. With few exceptions, an immigrant may be eligible for permanent residence in the United States five years after obtaining a green card. The process of acquiring a green card is most easily achieved with a "Fiance Visa"; which makes any immigrant that legally marries a U.S. citizen eligible to apply for citizenship after three years.

That does not make the 'Fiance Visa' the easiest to get however. The USCIS frowns on the practice of getting married simply for the chance to obtain a green card however and has built special provisions into the process that make it impossible to 'fake' your marriage and betrothal. Both parties must have extensive knowledge of the life of their partner including familial history and intimate information only someone with a long standing relationship, or who was a true wife or husband would know.

Benefits of a Green Card

Green cards come with many benefits, including the opportunity to seek employement or education within the United States. For many people around the world employment opportunities, education, and even physical safety are difficult to attain. For those who prove eligible and meet the criteria mandated by the United States government this kind of visa will provide them the chance to remain in the country legally and become a US Citizen.

A challenging process

While there may be more than a few ways to obtain a green card it is still a daunting and often confusing process filled with many obstacles and confusing loopholes. Factors such as a criminal history in an immigrant's native country, entering the United States illegally, or attempting to deceive the US department of Immigration will decrease your chances of qualifying for a visa.

The following seven categories may increase your chances if they apply to you:

• You are considered an alien of extraordinary ability and are capable of petitioning for yourself.
• A close family member of substantial status sponsors you.
• You are facing deportation that may result in extreme or unusual hardship such as physical harm to your person.
• You have been found eligible for Asylum or Refugee status.
• You have invested a considerable amount of currency to the United States.
• Your employer has sponsored you by providing labor certification.
• You have resided in the United States for more than ten years, and have demonstrated that you are a person of good moral character.

If you need assistance, an experienced Immigration Attorney will make the process of applying for a green card much easier and is essential to your success in many cases.

If you or anyone you know needs help applying for a green card contact RI Immigration Attorney John E. Macdonald now at (401) 421-1440 for a free consultation or more information.

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

Post-Conviction Relief Client Testimonial

John MacDonald trestimonial - Post Conviction Relief

February, 2012:

Client was picked up by immigration authorities as a result of a 2000 felony assault conviction. 

This conviction constituted an aggravated felony under immigration law and would result in her automatic deportation from the United States. 

Attorney MacDonald filed post-conviction relief based upon a defect in the plea colloquy. 

The plea was vacated, the charge dismissed and immigration proceedings were terminated.

Here is the client’s testimonial:

“Mr. MacDonald, I would like to thank you for everything that you did for me and my family. You are my fairy godfather because of you I am still here with my family.  Everything you promised I received and words cannot express how I feel about your firm.  When it come to attorneys there is no other like you. Thank you!” ~ Joana

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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.

Probation Violations in RI

Probation Violations

The criminal justice system incorporates a variety of practices in order to deal with a vast array of criminal offenses. One of these practices is known as probation, a sentence which acts as an alternative to long term confinement however, places the convict under court supervision.

During this period, the convicted individual must act in a manner approved by a special officer to whom the person must report regularly, commonly referred to as a probation officer.

What happens if you violate the terms of your probation?

Probation violation is a crime, and it occurs with even a mild infraction of the terms and conditions of your probation. The legal consequences of probation violation vary from case to case, and often depend upon the nature and severity of the violation, prior violations, and the original offense for which probation was initially sentenced.

The penalties for violating probation may include:  extended probation, heavy fines, and even prison time. Although in most cases the penalty will be appropriate for the nature of the offense. The laws regarding probation violation vary from state to state and include many of the same terms and conditions; which can not be ignored, refused, or broken, without consequence.
  
Common situations involving probation violations include:

• Failing to report to your probation officer
• Failing to appear in court
• Failing to make court-ordered payments
• Traveling to people or destinations for which you have been ordered to cease contact
• Using drugs or alcohol against the orders of the court
• Committing a crime while on probation
• Warning or Request to Appear in Court

If you are facing probation violation charges, it is helpful to know what your rights are, and to seek adequate legal council to present your case on your behalf. You have the right to receive an official written notice explaining the charges against you. You are also entitled to attorney representation, including the chance to present evidence and/or  witnesses in support of your case.
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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.

Deportations Punitive for Lawful Permanent Residents with Criminal Convictions?

Excellent piece on deportations involving permanent residents who have had a criminal conviction and the implications of Padilla v. Kentucky. 

Maddali on Recognizing the Punitive Nature of Deportations and the Need for Procedural Protections under Padilla v. Kentucky

Maddali, Anita - Northern Illinois University CoLAnita Ortiz Maddali (Northern Illinois University College of Law) has posted Padilla v. Kentucky: A New Chapter in Supreme Court Jurisprudence on Whether Deportation Constitutes Punishment for Lawful Permanent Residents? (American University Law Review, Vol. 61, No. 1, 2011) on SSRN. Here is the abstract:

In this Article, I argue that the deportation of lawful permanent residents on account of a criminal conviction is punitive, and therefore enhanced constitutional protections must be afforded to lawful permanent residents during removal proceedings. To support this argument I rely, in part, on the Supreme Court’s recent decision in Padilla v. Kentucky. The Padilla Court held that counsel must inform a client when a plea carries the risk of deportation. The Court’s analysis throughout the decision is groundbreaking in its recognition of the modern day realities of deportation - specifically the growing relationship between the immigration and criminal justice systems and the ways in which criminal convictions and deportation have become enmeshed over the years. The Court’s language provides support for the argument that deportation may not be a remedial exercise by the government to enforce immigration laws - as the Court has held for over a century - but may in fact constitute punishment. If deportation is recognized as punishment, then additional constitutional protections, like the right to counsel, must be afforded to lawful permanent residents who are in removal proceedings on account of criminal convictions.

This Article is novel in two respects. First, it offers a fresh look at the punitive nature of deportation, using the Padilla decision, and other case law, to bolster this argument. Second, this Article suggests that the analytical approach used by the Supreme Court in its juvenile delinquency jurisprudence, which extended greater constitutional protections to juveniles during the adjudicative stage of delinquency proceedings, could provide the framework for determining which protections should be afforded to lawful permanent residents who are in removal proceedings on account of a criminal conviction. Like deportation, juvenile delinquency proceedings have been labeled civil, but the Court has recognized that because a finding of delinquency could result in incarceration, the Due Process

Clause requires additional protections during these proceedings. Similarly, lawful permanent residents face the risk of being removed from their country of permanent residence—this results in separation from family and removal from a person’s home. As such, due process requires the need for additional protections.

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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.

Deportation Client Testimonial

Recent Testimonial Provided by the Wife of a Recent Deportation Case Client from Florida.

“What for years other lawyers said would be a definite deportation, and even the one that dared to try couldn’t do, John Macdonald delivered!

His personal touch and 'can-do' attitude ensured that my husband’s case be vacated in the Rhode Island courts even though we lived in Florida. He worked with us every step of the way and we are now more than ever sure that justice exists!

John, you are the best, God put you in our path when hope was lost and you delivered, our family will be forever grateful as you have given us the opportunity to remain together!

God Bless You!!” Lee F.


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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.

Human Sex Trafficking in RI

RI Targets Human Trafficking

October 24, 2011
By JIM BARON

PROVIDENCE — Like any other commodity, sex would not be sold if there was no one to buy it.
That’s why the RI Coalition Against Human Trafficking (RICAHT) is pointing an accusatory finger at men who patronize prostitutes as the real source of suffering and degradation.
There is a cause and effect relationship, the group says, between men paying for commercial sex acts and traffickers exploiting victims. There is a cause and effect relationship, they add, between an man purchasing a sex act from an 18, 25 or 35-year-old “and a pimp who stakes out a neighborhood, ready to prey upon the next runaway he can coerce into prostitution in exchange for food and a place to stay.”
RICAHT is launching a “Time to End the Demand” campaign focused on convincing, cajoling and shaming “johns.” From now until the end of the year, 16 RIPTA buses will carry large “Dear John” ads on their sides as they roll down Rhode Island roads. The ads will feature photographs of Lt. Gov. Elizabeth Roberts, Attorney General Peter Kilmartin, Providence Sen. Rhoda Perry and Laura Pisaturo, former director of advocacy and legal services for Day One, the sexual assault and trauma resource center in Providence, and a message to johns about the implications of their activities.
“Without you and your cash, sex trafficking would not exist,” some of the bus messages read.
RICAHT is spending about $7,000 on the campaign.
At a Statehouse press conference Monday, RICAHT Chairwoman Tammy Dudman read one of the messages aloud, telling johns “you are the reason why pimps and traffickers are inspired to find younger girls – that’s right, younger girls. The average age of entry into prostitution is 13, with pimps preying on their victims within 48 hours of a child running away from home.”
“I firmly believe this a generational quest,” Dudman said. “Without educating the next generation to the myths around prostitution and sex trafficking, we won’t be able to end this.”
Dudman called Roberts “a critical partner in combating the crime of sex trafficking in our state.”
Roberts congratulated RICAHT “for getting this really blunt and really direct message out there in a very public way.
“These are pretty bold and direct messages, and I’m proud one of them comes from me” Roberts said, “This is about saying we don’t need to be prosecuting the victims of sex trafficking, we need to be stopping the perpetrators.”
“These are daughters, these are mothers, these are real people and you are victimizing them when you take your cash out to purchase sex from one of them.”
Kilmartin, lauded as the first RI attorney general to prosecute and imprison sex traffickers, declared, “I like this message. You know what? We’re not going to focus on the victim, the woman or in some cases the child who’s been put out on the street for prostitution purposes. We’re going to focus on the purchaser who really provides the demand factor that makes this possible. We’re going to emphasize that you are part of this problem as much as the pimp.
Our office will gladly prosecute you as well as the pimp because you’re the two big parts of this problem. We’re going to fight you with every means we have under the law.”
Perry, who sponsored the state’s first sex trafficking law, as well as follow-up legislation, said, “Human trafficking, especially young women, exists because there is money in it. It persists because there is a market for it.
“Disrupting this demand, as well as punishing the suppliers and users is essential,” she said. “The focus should surely be on the issue of demand; we need to get this cruel industry out of Rhode Island once and for all.
Perry said education is a key part of the solution, “Education by mothers, by wives, by sisters, by lovers and by friends. We have to educate our men so they know that seeking sex from a trafficked woman is not appropriate and they should not do that.”
“John is a highly sanitized term,” Pisaturo told reporters. “Because men who buy sex from minors are abusers and child molesters. Zero tolerance for johns and pimps and traffickers is overdue.”
Kilmartin acknowledged that police departments have occasionally targeted johns in sweeps and stings for years, but said Monday, “from a prosecutorial standpoint, there are much stronger laws and many stronger tools today,” to go after the demand side of the sex trade.

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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.

What is TPS or Temporary Protected Status?

Temporary Protection Status

In many countries there is unrest and war. The United States Government and USCIS take considerable notice of these situations and extends temporary protection status to any individuals coming from a country with this designation.

When TPS is applied to an individual, they are afforded a temporary status in the United States to protect them from being deported back to a country where there is war, natural disaster, or another occurrence that prevents the country from caring for its nationals. Although the US Government may choose to revoke a country's temporary protection status at any time through the US Citizenship and Immigration Services offices, in most cases the individual under this protection is safe within the US for as long as they need to remain.

One thing that TPS will not afford however, is permanent residence status. The Government continues to renew TPS in most cases however, until everyone involved has obtained a green card. A government cancellation of temporary protection status means that those people who were once under its protection, would then be considered illegal aliens.

If you are under TPS and would like to obtain an adjustment of status, you need the help of an experience Immigration Attorney like John MacDonald at Aggressive Legal Services.

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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.

Immigration Charges Dismissed in Removal Matter

Immigration Attorney John MacDonald announces the dismissal of all charges in immigration matter against his client.

FACTS: Client in removal proceedings based upon a 2005 conviction for a Rhode Island domestic assault.

Client needed this plea vacated because he could not qualify for cancellation of removal.

RESULTS: On May 12, 2011, both the plea and conviction were vacated based upon defects in the plea colloquy.

On June 22, 2011, all criminal charges were dismissed by the City prosecutor at pre-trial and the client’s removal proceedings were terminated.

Client is now eligible to pursue citizenship.

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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.

Same Sex Marriage and Green Cards

Same Sex Marriage and Green Cards

An omission in the provisions of the Defense of Marriage Act, serves as an opening to deny same sex couples the right to sponsor their partner for a green card. This omission conveys, in effect, that if you are a US citizen who happens to be in a same sex marriage, you must leave the country to maintain your togetherness with your partner. The omission denies same sex couples the ability to petition for their partner, and therefore subjects them to the risk of being in the country illegally.

The article below proposes not a change to the immigration laws, merely an executive order from the President that directs the executive branch of the government, not the citizens of the country, to rectify the omission by allowing same sex partners to sponsor their spouses for green card and legal immigration status in America.

A portion of the article follows below.

Same-Sex Green Cards: The Case for a Presidential Executive Order 2011

Melanie Nathan
Dec 30, 2010

At the federal level of government in the United States, laws are made almost exclusively by legislation. Legislation originates as an Act of Congress passed by the Congress of the United States; such acts were either signed into law by the President or passed by Congress after a presidential veto.

Legislation is not the only source of regulations which have the force of law. There is also judge-made common law and constitutional law. The President can issue executive orders pursuant to a grant of discretion from Congress, or under the inherent powers that office holds to deal with certain matters of foreign policy.

When it comes to immigration matters, the standing law is that covered by the Immigration and Naturalization Act of the USA. This law cannot be changed, without the involvement of Congress through an amendment process. However I believe that when it comes to the regulations to effect the intent behind the law or something that unexpectedly and detrimentally impacts the law, the President of the USA can provide an executive order to adjust the circumstances, so impacted.

I do not believe that it was ever the intention of the Defense of Marriage Act to deny the de facto relationships of same-sex couples. I believe President Clinton who signed it into law would attest that it was never his intention to cause American citizens and Residents in same-sex relationships to have to exile the USA to pursue their Constitutional right to happiness. However Americans in the USA, in same sex relationships are denied the possibility to sponsor a partner for a green card.

Accordingly I believe that President Obama has the power to effect an Executive Order on behalf of same-sex couples who are specifically excluded by DOMA, from participating in the US Immigration laws. This quest would specifically denote a right by way of process to an American (citizen or resident) and not a right to an immigrant; the right of the American to Petition for a same-sex partner to reside in the USA, that is currently excluded via laws that simply fail to include the de facto situation, thereby causing extreme hardship to American Families.

I do not believe the Immigration law needs to change for this to happen in the short term; I do not believe that this reflects in any way shape or form on the marriage equality debate. It does not seek to change DOMA and nor does it impact the Immigration Act as we know it, at all.

There have been many early executive orders during all Presidencies; the State Department began numbering executive orders in the early 20th century, starting retroactively from President Abraham Lincoln’s Executive Order Establishing a Provisional Court in Louisiana issued in 1862. An executive order is an order issued by the President, the head of the executive branch of the federal government, generally to staff of the executive branch and not to the citizens of the country. Article I, Section 1 of the US Constitution specifically reserves all federal legislative authority to Congress, not the president.

However here what would occur would be the President ordering the inclusion of same-sex partners under existing law, based on the de facto existence of relationships, the anomaly caused by State law that endorse such relationships, while the Federal government fails to secure the right of the American to remain at home in a relationship of their choice.

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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.

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.

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.

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.

Vote against DREAM act unfair and misunderstood

In a recent article dealing with the immigration related DREAM act, the entire process was outlined for what would be faced by anyone seeking citizenship in the United States. It seems that as usual, many have misunderstood the language of the act, and have voted unfairly against it in perpetuation of ideologies that need to be reviewed and revisited in favor of the overall desire that people be unified, rather than divided.

The current DREAM act states that children who were brought here by their parents, and who are currently either enlisting in the armed forces, or are students, be allowed to stay under certain strict guidelines only.

The students or soldiers would be allowed to remain in the country either to serve or attend college for two years under a ten year conditional non-immigrant, temporary, status. At the end of the ten year term, they would be eligible to apply for permanent residency, green card, status. And then, after some 13 odd years, would they be allowed to begin applying for naturalization; which can take years on top of that.

The general consensus is that these children would be a bridge somehow for their parents to gain access, or petition for citizenship on their behalf. This is sadly not the case, as any parent who was found to have unlawfully entered the United States would be barred from the US for ten additional years, while required to go back to their own country.

The laws in this area are strict and difficult to understand, and require the assistance of someone well versed in immigration law. If you are facing an immigration situation in the United States, contact an experienced immigration attorney immediately for help.

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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.

Immigration Service Announces Reduces Visa Wait Times

RI Immigration Attorney John MacDonald suggests hiring a competent immigration attorney to assist you with your naturalization paperwork and process, but found the following article about Visa wait times encouraging for visitors to the United States who decide they would like to stay.

Visa wait times greatly reduced

Dec 08, 2010

The Immigration and Naturalization Service has just announced that legal U.S. immigrants will now have a shorter wait time if they plan to secure a Visa for a spouse or a child.

INS says for the past 5 years it has taken an average of 6 to 8 years for legal U.S. residents with green cards to be able to complete the process of securing a green card for family members.

Now the process can take as little as 8 to 10 months.

INS says part of the reason is that they have been receiving fewer applications, so the paperwork that is received can be processed faster.

Advances in technology have also helped INS become more efficient.


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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.

Criminal Charges and Immigration Status

Criminal Charge and Immigration Status

One of the most common legal issues for those seeking permanent residency, or citizenship, is the effect of criminal charges on their immigration status. In many cases the effect of any conviction for a criminal charge will have serious and far reaching effects on immigration status, even if the crime was not a felony or violent crime.

Something as simple as a conviction for a DUI offense can have the effect of deportation or denial of admissibility or adjustment of status. If the offense is accompanied by a finding of violence or moral turpitude.

The guidelines for determining whether a judgment of guilt has occurred are much broader than under normal criminal law guidelines and can and do include situations where an offender enters a plea.

In some instances, the penalty for the crime may be significantly less than the immigration penalty. And if you have been convicted of a crime, make sure you are honest on any applications you fill out for entry into the US. If you are found guilty of fraud, you will not be granted entrance into the country.

In every case involving immigration matters, whether they involve a criminal element or not, it is in your best interest to seek the assistance and advice of an experienced immigration attorney.

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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.

Immigration Issues Decided in Padilla v. Kentucky

Immigration Attorney John E. MacDonald Speaks on the Impact of the Supreme Court Ruling in Padilla v. Kentucky

On December 8, 2010, Attorney John E. MacDonald, Esquire spoke at the Rhode Island Association of Criminal Defense Lawyers’ annual Fall Continuing Legal Education Seminar regarding Developments in Criminal Law and Procedure. Attorney MacDonald presented an update relative to the recent Supreme Court Immigration ruling in Padilla v. Kentucky. The seminar encompassed effective strategies and tactics for providing effective assistance of counsel, and avoiding removal in criminal and immigration matters.

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.

Attorney MacDonald is known for his experience in Criminal matters that also involve Immigration issues, and when asked about his engagement to speak at the CLE seminar dealing with this issue stated, “Padilla is a landmark decision from our Supreme Court. It places an affirmative duty on criminal defense lawyers to properly advise their clients as to the immigration consequences of a plea. Lawyers can no longer turn a blind eye to the harsh immigration consequences that may result from a plea to a criminal case.”

The CLE seminar took place on Wednesday December 8, 2010 from 4:00 to 7:00PM at the Frank Licht Judicial Complex, 250 Benefit Street, Providence, 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.

Immigration Attorney MacDonald and the New Naturalization Certificates

Immigration Attorney John MacDonald posts an article regarding the recent changes to naturalization certificates.

The changes will include embedded photos and signatures, as well as high-tech ink designs aimed to deter counterfeiting the documents.

The full article follows below.

U.S. naturalization certificate gets high-tech redesign

Aimed at reducing fraud, the documents will now feature embedded photos, signatures and color-shifting ink patterns

By Abby Sewell

U.S. Citizenship and Immigration Services announced Monday the launch of a redesigned certificate of naturalization aimed at reducing fraud.

The certificate will be given to new citizens in the Southern California district that includes San Luis Obispo County. The agency estimated that it would issue more than 600,000 of the new certificates in the next year. Locally, the district includes the counties of Los Angeles, Orange, Riverside, San Bernardino, Ventura, Santa Barbara and San Luis Obispo. The agency naturalized more than 65,000 people in the fiscal year that ended Sept. 30.

The certificates given to new U.S. citizens will now feature embedded photographs and signatures and a color-shifting ink pattern on the background. Officials said the new features will make the documents more difficult to forge.

“We are confident that the new enhancements will prevent fraud and will enhance the security of the process,” spokeswoman Mariana Gitomer said.

Although most of the nation began issuing the redesigned documents Monday, the Los Angeles district will wait to launch them in November. A group of 9,900 newly naturalized citizens will receive the old version at a ceremony in Los Angeles today. Gitomer said the district wanted to ensure that there would be no technical issues with the new documents before issuing them to such a large group.

Previously issued naturalization certificates will remain valid.

The agency also plans to fully automate the process of producing the certificates by the end of 2010, beginning with the Atlanta, Denver and Baltimore offices.

The changes in the certificate of naturalization follow the launch of a redesigned permanent resident card — commonly known as the green card — in May. The new card includes radio frequency identification capability, to allow border officers to read the cards from a distance.

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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.

RI Criminal Attorney MacDonald Speaks on the Impact of the Supreme Court Ruling in Padilla v. Kentucky

On December 8, 2010, Attorney John E. MacDonald, Esquire will speak at the Rhode Island Association of Criminal Defense Lawyers’ annual Fall Continuing Legal Education Seminar regarding Developments in Criminal Law and Procedure. 

Attorney MacDonald will present an update relative to the recent Supreme Court Immigration ruling in Padilla v. Kentucky. The seminar will encompass effective strategies and tactics for providing effective assistance of counsel, and avoiding removal in criminal and immigration matters.

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.

Attorney MacDonald is known for his experience in Criminal matters that also involve Immigration issues, and when asked about his engagement to speak at the CLE seminar dealing with this issue stated, “Padilla is a landmark decision from our Supreme Court. It places an affirmative duty on criminal defense lawyers to properly advise their clients as to the immigration consequences of a plea. Lawyers can no longer turn a blind eye to the harsh immigration consequences that may result from a plea to a criminal case.”

The CLE seminar will take place on Wednesday December 8, 2010 from 4:00 to 7:00PM at the Frank Licht Judicial Complex, 250 Benefit Street, Providence, 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.

RI Immigration Client Eligible for Citizenship after Post Conviction Relief

RI Criminal Defense Attorney MacDonald posts case results for the following matter:

FACTS and RESULTS:
Client was interested in pursuing citizenship but a review of his criminal history showed an aggravated felony conviction for domestic assault in 1997.

Post-conviction relief was filed and granted based upon the recent United States Supreme Court decision in Padilla v. Kentucky.

Client’s previous attorney had not advised him that he was pleading to an aggravated felony conviction.

Client is now eligible to file for and obtain citizenship.


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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.


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