Showing posts with label US citizenship. Show all posts
Showing posts with label US citizenship. Show all posts

Monday, August 29, 2011

Immigration Client Saved from Deportation

Attorney MacDonald posts the following case results in a deportation case originated in Florida.


FACTS:

A client’s conviction for domestic assault in 2000 caught up with him 10 years later and placed him in removal proceedings in Florida. The client’s family had attempted to vacate the plea with another attorney but were unsuccessful. Attorney MacDonald was hired in April, 2011. A review of the plea colloquy showed that there were defects in violation of Rule 11 of the District Court Rules of Criminal Procedure.

RESULTS:

Post-conviction was filed in June, 2011 and granted in August, 2011.

Client is now no longer subject to deportation and is now eligible to apply for citizenship.

----------------------------------------------------------------------------------
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.


 ----------------------------------------------------------------------------------
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.

-----------------------------------------------------------------------------
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, December 30, 2010

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.

-----------------------------------------------------------------------------
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.