Immigration Client Sees End to Detainment

Immigration Testimonial

A recent Immigration situation prompted this reply from our client’s daughter…

“You saved my dad when we had no hope, and for that we are forever grateful.”
Maria C.

Maria’s father is a lawful permanent resident from Cape Verde.  He was placed in removal proceedings as a result of three separate crimes of domestic violence occurring ten years ago. 

ICE authorities detained him without bond at the Bristol House of Correction.  Post-conviction relief was filed in all three cases and granted. 

Our client was released from detention and his removal case will now be terminated.

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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 in RI

Testimonial from an Immigration Client

We are typically very involved in the lives of our clients during the handling of their defense or family court matters. Friends and family are sometimes moved to share their recommendations...

“Mr. MacDonald is a man of his word. He did everything he said he would and in a timely manner. I am so happy we hired his services to help my friend stay in the United States. I highly recommend him to anyone who has criminal convictions that may result in deportation.”

 ~ John Q.
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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.

Crime of Illegal Immigration

Naturalization is still the best way to immigrate to any country. Following the legal rules and guidelines imposed by a society assures the most successful transition into the daily activities and lifestyles of that society. This is also the safest and most successful way of becoming a United States citizen currently in this country.

The recent immigration debate often overlooks the fact that many of the people being removed from the country are labeled as criminals, when in fact their only crime may be the situation that is getting them removed to begin with; their illegal immigration status.

An article from npr.org regarding the current immigration situation follows below.

Immigration Enforcement Working, Numbers Show

by Ted Robbins

This year promises to be another contentious one for U.S. immigration politics. The new Republican leadership in the House of Representatives has indicated it will take an even harder line against illegal immigration.

But while some politicians paint the Southern border as lawless and out of control, the numbers don't support that, says Doris Meissner, the former head of the Immigration and Naturalization Service, now known as Immigration and Customs Enforcement.

"It really is astonishing that all of the enforcement data show us that the trend is that enforcement is making a difference," says Meissner, who is now with the nonpartisan Migration Policy Institute.

Numbers from the Department of Homeland Security show a drop in apprehensions along the border — from more than 1 million five years ago to less than half a million in the past fiscal year. Fewer people are attempting to cross because there are fewer jobs available.

A Decade-Long Trend

But the trend began a decade ago, long before the recession began.

"This has been something that took hold when we started resourcing the borders — adding the infrastructure that was required, the technology — and that drop has continued," says Deputy Customs and Border Protection Commissioner David Aguilar.

Enforcement away from the border has also picked up. The government removed about 400,000 illegal immigrants from inside the U.S. last year — a small increase.

The biggest shift was a decision made two years ago to go after what the government calls "criminal aliens," or illegal immigrants who have committed crimes in the U.S. They now make up half of all illegal immigrants removed. Interior enforcement resources, though, are still small compared with border enforcement.

And there's still one place left where relatively large numbers of people still cross the border illegally: Arizona.

But even those numbers, says Aguilar, are low compared with what he used to see. There were 219,000 apprehensions last year in Arizona, less than half the number a decade ago. And despite high-profile incidents like the killing of a border patrol agent last month and a southern Arizona rancher last March, the FBI reports that overall violent crime in Southern border states is way down from a few years ago.

Real And Perceived Impacts

But Meissner says concerns and antipathy are "at an absolute high point."

It's not about the numbers, Meissner says. It's about the real and perceived impact immigrants are having on the country.

"And, underneath it all, the kind of cultural issues of how much immigration is changing us: What it means to the identities of communities, how different groups of people are being incorporated," she says.

Arizona State Rep. John Kavanagh is targeting illegal immigrants who have children in the U.S. He wants to change the way the Constitution grants those children citizenship.

"We believe that the current policy of giving citizenship based on your GPS presence in the U.S. at birth is a bad interpretation of the 14th Amendment," he says.

Kavanagh and legislators from 13 other states will announce a plan Wednesday they hope will result in the Supreme Court's reviewing the way birthright citizenship is applied.

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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.

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.

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.

Post-Conviction Relief Attorney John E. MacDonald announces the successful resolution of another case.

Post-Conviction Relief and Immigration Attorney John E. MacDonald announces the successful resolution of another case.

1988 conviction for felony larceny vacated.
Client came to my office seeking my advice about his potential for obtaining U.S. citizenship.

A review of his criminal history showed a conviction that subjected him to deportation.

Post-conviction relief was filed and granted after a contested hearing in Providence Superior Court.

Client is now no longer subject to deportation and is able to apply for naturalization.

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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.

New RI Immigration Law Will Copy Arizona

RI Immigration Lawyer MacDonald found the following article regarding a scheduled change to the RI Immigration laws that would follow the new Arizona Immigration laws. The AZ laws have been shot-down by a Federal Court following the filing of a lawsuit by the Obama administration. The full article concerning these precedent setting and landmark decisions in Immigration law follows below.

Nearly Half of United States Considering Arizona-Style Immigration Legislation

August 19, 2010
By Fred Lucas, Staff Writer


(CNSNews.com) – Twenty-two states are now in the process of drafting or seeking to pass legislation similar to Arizona’s law against illegal immigration. This is occurring despite the fact that the Obama administration has filed a lawsuit against the Arizona law and a federal judge has ruled against portions of that law – a ruling that is now being appealed.

Next month, two Rhode Island state lawmakers, a Democrat and a Republican, will travel to Arizona to speak with Republican Gov. Jan Brewer, local sheriffs, and other officials about how to better craft their own bipartisan immigration bill for Rhode Island, which already has been enforcing some federal immigration laws.

Meanwhile, 11 Republican state lawmakers from Colorado traveled to Arizona this week to meet with officials there on how to craft legislation for the Mile High state.

In addition, Alabama House Republicans announced this week that they would seek to “push an illegal immigration bill similar to the recently approved Arizona law.” This law would “create a new criminal trespass statute that allows local law enforcement to arrest illegal immigrants for simply setting foot in Alabama,” said Alabama’s House Minority Leader Mike Hubbard.

In Florida, proposed legislation against illegal immigration has been retooled to address some concerns raised by a federal judge who blocked the bill, though it would still allow Florida state police to enforce immigration law.

In all, there are 22 states considering copycat legislation from the Arizona law against illegal immigration, according to the Americans for Legal Immigration Political Action Committee (ALIPAC), a group that advocates for stricter immigration enforcement.


The law prohibits racial profiling and gives state residents the right to sue local agencies for not complying with the state law.

In the lawsuit challenging the Arizona law, the Obama administration said the United States should not have a “patchwork” of 50 different immigration laws. In late July, U.S. District Judge Susna Bolton ruled against most of the major elements of the Arizona law, halting their implementation. That ruling is now in the appeals process.

“We do not expand on federal law,” Florida state Rep. William Snyder, sponsor of the bill in his state, told CNSNews.com. “We do not change penalties. The goal is not to create a new immigration framework at the state level.”

Snyder, the chairman of the Florida House Criminal Justice Committee, said his staff attorneys have taken the decision by U.S. District Judge Susan Bolton into consideration in re-crafting their bill for the next state legislative session.

Snyder said the office of state Attorney General Bill McCollum has reviewed the legislation, as has committee attorneys, and they believe it will withstand a potential legal challenge from the Obama administration.

McCollum, a GOP candidate for governor, supports the legislation. However, Gov. Charlie Crist, a Republican-turned-Independent candidate for U.S. Senate, opposes the proposal.


In Rhode Island, a bill that was introduced late in the session last year, and thus never reached a vote, is expected to be reintroduced in the 2011 session. Its two lead co-sponsors hope to have a bipartisan bill that will withstand a legal challenge after they meet with Arizona officials.

“It exactly mirrors the Arizona law,” Rhode Island state Rep. Peter Palumbo, a Democrat, told CNSNews.com. “We will tweak the bill.”

Palumbo will be going to Arizona with Rhode Island state Rep. Joseph Trillo, a Republican.

Their legislation would essentially codify an existing executive order signed in 2008 by Gov. Donald Carcieri, a Republican, mandating immigration checks on all new state workers and ordering state police to assist federal immigration officials.

This is Carcieri’s final year in office, so Palumbo said it is important to put the force of law behind what has already been Rhode Island policy. State troopers report illegal immigrants they encounter for speeding and other offenses to the U.S. Immigration & Customs Enforcement (ICE).

Because of the executive order, corruption was discovered in the Department of Motor Vehicles, with drivers licenses being sold to illegal aliens, Palumbo said.

In New Jersey, state Rep. Allison Little McHose, a Republican, introduced a series of proposals that focused primarily on requiring employers to verify the legality of workers, and preventing state benefits from going to illegal aliens.

“New Jersey continues to be a sanctuary state for illegals because they know they can come to the state and receive many free benefits, like medical care,” McHose said in a statement. “The benefits may be free for those receiving them, but not the rest of the public because these costs are borne by the taxpayers.”

Other states with proposals that mirror the Arizona law are Arkansas, Idaho, Indiana, Maryland, Michigan, Minnesota, Missouri, Nebraska, Nevada, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas and Utah.

“We are very pleased to announce 22 states are now following Arizona’s lead to pass versions of a law that has the support of 60 percent to 81 percent of Americans according to polls,” said ALIPAC President William Gheen in a statement. “State and federal candidates are rushing to display their support for Arizona’s law and immigration enforcement. We will not stop until all American states are protected from this invasion as mandated by the Constitution of the United States.”


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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.

Federal Judge Slows Down Immigration Law Reforms

Immigration Attorney John MacDonald noted an important injunction by a Federal Judge in Arizona. Story below.


AZ Immigration Law Is Gutted By Federal Judge

Posted by: Bruce Reilly in Immigration on July 28, 2010

A temporary injunction threw a monkey wrench in the controversial (to say the least) SB 1070 law that would empower a "Papers Please" approach to immigration.

Key parts of Senate Bill 1070 that will not go into effect Thursday:

• The portion of the law that requires an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there's reasonable suspicion they're in the country illegally.

• The portion that creates a crime of failure to apply for or carry "alien-registration papers."

• The portion that makes it a crime for illegal immigrants to solicit, apply for or perform work. (This does not include the section on day laborers.)

• The portion that allows for a warrantless arrest of a person where there is probable cause to believe they have committed a public offense that makes them removable from the United States.

The ruling says that law enforcement still must enforce federal immigration laws to the fullest extent of the law when SB 1070 goes into effect at 12:01 a.m. Thursday. Individuals will still be able to sue an agency if they adopt a policy that restricts such enforcement.

Bolton did not halt the part of the law that creates misdemeanors crimes for harboring and transporting illegal immigrants.

Meanwhile, local folks are planning to take part in the National Day of Action on SB 1070

12pm: Statehouse: Prayers for Gov. Don Carcieri;

2pm: RI Convention Center: Bill Clinton stump speech for Caprio (Clinton's Administration severely tightened immigration standards, the construction of prisons, and provided for the mass detentions post 9/11)

"We must not tolerate illegal immigration. Since 1992, we have increased our Border Patrol by over 35%; deployed underground sensors, infrared night scopes and encrypted radios; built miles of new fences; and installed massive amounts of new lighting. We have moved forcefully to protect American jobs by calling on Congress to enact increased civil and criminal sanctions against employers who hire illegal workers. Since 1993, we have removed 30,000 illegal workers from jobs across the country."

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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 Attorney John MacDonald Speaks in RI on Supreme Court Immigration Ruling

April, 2010 – Providence, RI – In April and May of 2010, Attorney John MacDonald was the guest speaker at the Rhode Island Department of the Public Defender’s Office.

Mr. MacDonald spoke to a group of attorneys in the trial unit about the implications in the precedent setting case of Padilla v. Kentucky, 559 U.S. ____ (2010), wherein a defendant was not informed of the conditions of a plea agreement that included deportation.

This case set legal precedent in the area of criminal defense for all cases also affecting immigration status, as well as the ramifications for counsel’s failure to advise a client sufficiently of the conditions of their plea agreements.

“I was happy to be able to provide some insight into this situation,” Attorney MacDonald stated. “Given the severity of deportation consequences, the proper legal advice given to defendants who are not U.S. citizens is critical.  I credit the Rhode Island Public Defender’s Office for recognizing the impact of the Padilla decision and training their trial attorneys accordingly.”

Attorney MacDonald gave two seminars for the trial attorney unit in total, and spoke about providing the correct immigration advice to clients facing deportation consequences. 


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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.

Rhode Island Immigration Attorney MacDonald announces a successful Post-Conviction Relief result for client convicted of Domestic Assault

Immigration Attorney John MacDonald announce Post-Conviction relief for a client. 

Case circumstances: Client arrested and charged in 2002 with a Domestic Assault in RI that would have jeopardized his immigration status and rendered him subject to removal (deportation) and unable to achieve naturalization.

Based upon the failure of the trial court to give him warning of this fact Immigration Attorney MacDonald was able to have the charge vacated.


Result: Providence RI Superior Court Vacated Domestic Assault Charge

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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 MacDonald announces a successful Post-Conviction Relief result for Arizona Immigration client.

Post-Conviction Relief Immigration Attorney John MacDonald announces a successful  result for client detained by Immigration Authorities in Arizona (AZ). 

Case Circumstances: Client a lawful permanent resident of the US detained by immigration authorities in Arizona due to previous criminal record.

Results: 2002 drug conviction vacated today based upon an application for post-conviction relief and client released from custody.

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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 Attorney John MacDonald announces a successful Post-Conviction Relief result for client.

RI Post-Conviction Relief Immigration Attorney John MacDonald announces a successful  result for client. 

Case Circumstances: A  decorated army veteran was denied citizenship based upon an aggravated felony conviction from 1998 (possession with intent to deliver marijuana). 

Post-conviction relief was filed.

Result: The plea and sentence were vacated. Client is now eligible to re-apply for 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.

RI Immigration Lawyer in RI Criminal Matter

How Immigration Status Can Be Effected by Criminal Activity

In the State of Rhode Island, and in many other states across the nation, the consequences of a criminal act are often far less stringent than the resulting immigration consequences.

To aid your attorney in this matter, you need to be completely forthcoming with any and all information about your current immigration status, as well as the details and facts surrounding your criminal matter. If you are not completely honest with your immigration attorney, he or she will have a difficult time protecting your rights, or arguing on your behalf to allow you to remain in the United States.

There are a great deal of pertinent facts and questions your criminal and immigration attorney will need to know. Be ready to provide documentation of your current immigration status, including your passport as well as any information concerning your criminal record or history.
Aggressive Legal Services can represent you for your criminal matter while arguing for your immigration status as well. If you find yourself in the unfortunate situation of being arrested for a criminal offense contact RI criminal and immigration attorneys immediately.


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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.

Post-Conviction Relief for those facing Deportation

Vacating criminal convictions or modifying sentences is a vital service our attorneys provide to clients facing severe immigration or federal sentencing consequences. 

John MacDonald has successfully argued to vacate or modify cases throughout Rhode Island and Massachusetts.

The Law Offices of John MacDonald. is the law firm other immigration lawyers refer their clients to vacate pleas that are the basis of deportation and removal proceedings.

If you are an alien who is seeking to naturalize, adjust your status, has overstayed, has a criminal conviction, is in B.C.I.S. removal/deportation or criminal court proceedings, then you should retain an attorney who is competent to practice in both the criminal and immigration courts. We focus on making immigration concerns a primary strategic focus in connected criminal or domestic relations matters, and have successfully disposed of cases where a simple guilty plea would have led to deportation proceedings.

We can also assist in cases where clients did not have adequate prior counsel and we have argued numerous post conviction motions and prevented removal proceedings for the benefit of our clients and their families. Withholding of removal and cancellation of removal for our clients is our goal and we aggressively and successfully have achieved these results for our clients.
If you or a family member or friend requires post-conviction relief representation to stay in the U.S., contact us today to schedule your free consultation. Examples of recent post-conviction relief results:

• 22 year old conviction for second degree child molestation vacated based upon the Trial Court's failure to properly explain all constitutional rights and offense elements to client.
• 16 year old conviction for second degree sexual assault vacated based upon the Trial Court's failure to properly swear in and utilize court interpreter.
• Client's four convictions for domestic assault vacated based upon Trial Court's failure to properly give required alien warnings. All charges later dismissed and client obtains citizenship.
• Client's handgun conviction vacated based upon presentation of newly discovered evidence of innocence.
• Client's conviction for third degree sexual assault vacated based upon the Trial Court's failure to properly give required alien warnings. Client's deportation case terminated.
• Client's conviction for domestic vandalism vacated based upon his attorney's ineffective assistance for giving the wrong advice as to immigration consequences. Client's deportation case reopened by the Boston Immigration Court and terminated.
• Client's conviction for domestic assault vacated based upon his attorney's ineffective assistance for giving the wrong advice as to immigration consequences. Removal proceedings avoided and client obtains 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.

Rhode Island Immigration and Post-Conviction Relief

We are expert Rhode Island Immigration Attorneys. 

In a deportation case, our goal is the termination of proceedings or cancellation of removal. For clients on a visa or overstay status, our goal is the adjustment of status to that of a lawful permanent resident. For clients interested in naturalization, we work to ensure a speedy and successful application process. We have successfully terminated deportation proceedings and received orders of cancellation at immigration courts throughout the United States. We have successfully helped our clients obtain lawful permanent residence or citizenship despite a visa overstay, an illegal entry or having a prior criminal record.

We will explain the strengths and weaknesses of your legal matter from the beginning. We will regularly update you on your case. You will never complete a discussion with one of our attorneys and not have the answer to your question or a plan and timeframe to obtain the answer.

We are available to our clients twenty four hours a day, seven days a week. We frequently answer emails after hours, on weekends, and while on vacation. We love what we do and we love to win. We encourage you to consider a complimentary consultation, wherein you will notice, first hand, the professionalism, competence and dedication we have to offer in resolving your family court situation.

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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.