Showing posts with label immigration in RI. Show all posts
Showing posts with label immigration in RI. Show all posts

Friday, November 16, 2012

RI Immigration Client Case Results

Rhode Island Immigration Law Results from John MacDonald


Immigration:  

Client placed in removal proceedings with a criminal history dating back two decades.

Since he had never obtained his green card but did enter the United States on a visa, he was eligible to adjust his status through his wife’s petition.

After an extensive two year battle at Boston Immigration Court, client obtains lawful permanent resident status.

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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.

Friday, November 2, 2012

Post Conviction Relief Results for RI Immigration Client

Post Conviction Relief Results for John MacDonald


August, 2012: 

Client entered the United States at the age of 2 on a transit visa and never obtained his green card.

Client was detained by ICE after discovery of a criminal conviction for possession of cocaine.

Attorney John MacDonald was retained to vacate the criminal conviction and secure client’s release from ICE custody. 

Post-conviction relief was filed and granted by Providence Superior Court.  Conviction was vacated and the criminal charges dismissed. 

Client obtained bond by the Boston Immigration Court and is awaiting a request for Deferral of Removal. 


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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.

Wednesday, October 24, 2012

Post Conviction Relief for Immigration Client in RI

Post Conviction Relief Victory by John MacDonald


September, 2012:

Client was detained by ICE authorities based upon a 2002 misdemeanor conviction for domestic assault.  

Despite being a long-term permanent resident of the United States who was eligible for cancellation of removal, he was detained by the Boston Immigration Court.

Attorney MacDonald was retained to file post-conviction relief and vacate this conviction. 

Post-conviction relief was filed in July of 2012 and granted in September. 

Client was subsequently released by ICE and his case terminated.

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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.

Friday, September 7, 2012

Post Conviction Relief in Immigration Case Results

Post Conviction Relief Results by John MacDonald


July 2012: 

Client detained by immigration authorities after they discovered a Massachusetts 2006 drug conviction. Since the client was subject to mandatory detention at the Boston Immigration Courts, all efforts were focused on vacating the conviction.

Motion for New Trial was granted by the trial court based upon Padilla v. Kentucky violations and client was released from immigration custody.

Client had previously received a 212(c) waiver based upon old criminal convictions. Immigration authorities put client into removal proceedings based upon a Rhode Island receiving stolen goods conviction which occurred after the grant of 212(c) relief.

Post-conviction relief was filed and granted based upon Padilla violations.

Client’s removal case is now subject to a Motion to Terminate.

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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.

Wednesday, August 29, 2012

Deportation in Rhode Island

Nearly 7 million people have entered the US illegally or stayed beyond the time allotted by their Visa. Many of them do not realize that they risk not only banishment and deportation, but also serious prison time for their crime; which is a felony.

In some cases immigrants will need to return to their native country before their Visa application can be reviewed to avoid deportation or banishment.

It is possible to file for an extension of your Visa provided it is done within a reasonable amount of time before the expiration date. If the expiration date has been reached exceptions can be made if you can prove that:
  • A delay in an extension was due to extraordinary circumstances beyond your control
  • The length of the delay was reasonable
  • You have not broken any laws or done anything to violate your non-immigrant status, and
  • You are not currently engaged in deportation proceedings
Contacting an attorney and alerting them to your situation will not cause you to be arrested. The attorney will not alert the authorities but rather will be able to assess your situation and help you determine your options and if desired, pursue them.

If you are an illegal alien residing in Rhode Island and wish to explore your options contact Immigration Attorney John L. MacDonald at (401) 421 - 1440 now for a free consultation and more information.


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

Friday, August 24, 2012

Illegal Immigration in RI and MA

Illegal Immigration in Rhode Island and Mass.


If you are an immigrant that has entered the United States without authorization or maintained residence beyond the terms of legal entry, you are considered by authorities to be an illegal alien.

Many Illegal immigrants are under the constant fear of deportation and in some cases harsh prison sentences if they have committed an illegal act while residing in the United States.

It is not uncommon for foreign immigrants to overstay a Visa; which simply means to remain in the United States even after the authorized time on their Visa has expired. The US Citizenship and Immigration Service (USCIS) calls these individuals "Non-Immigrant Visa Overstayers".

If you have overstayed your Visa but wish to correct the situation legally contact an experienced immigration attorney to help you explore your options.

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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.


Friday, July 13, 2012

Political Asylum

Rhode Island and Massachusetts Political Asylum

There are many places all over the world where issues such as poverty, oppression, and war are an everyday reality. The United States has created systems which enable foreign eligible immigrants to receive protection from their native country even if they entered national borders illegally. The system that allows this is called Political Asylum and is based upon an earlier mandate known as

Article 14: Universal Declaration of Human Rights.

Article 14 states in part that all individuals have the right to seek and receive asylum from persecution. It does not include situations in which persecution arises from non-political crimes or from acts contrary to the purposes and principles of the United Nations. An example of someone who is not eligible for political asylum is a convicted criminal or terrorist.

Who is Eligible?

In 1981, the United States devised what is called "The Refugee Act" which also states that political asylum may be granted to anyone who is unable or unwilling to return to their native country based upon well-founded fears of persecution related to race, sex, religion or nationality. This can often include anyone that is deemed outside of a socially acceptable group or political movement.
The only way a foreign immigrant may request political asylum via Article 14 is by meeting specific qualifications which may vary based upon the country to which you are applying. Applicants must be capable of demonstrating that because of their Race, Religion, Nationality or political opinions, their safety will be at risk if they are returned to their country of origin. Political refugees surface most often during a regime change in third-world countries where one social group has taken total control and wish to commit genocide or exile upon another. It is important to be aware that only countries that have agreed to the United Nations Conventions Relating to the Status of Refugees honor political asylum.

How to obtain Political Asylum

The benefits of political asylum are abundant and most importantly include security and safety. Another benefit is the opportunity to obtain permanent citizenship within the United States or other participating countries. Once a political refugee is accepted into the United States, they then have the opportunity to obtain a green card in addition to opportunities for employment and education.
The process of obtaining political asylum is extensive and challenging, but much easier with the help of an experienced, professional Immigration attorney. The first step is to file a Form I-589, (Application for Asylum and for Withholding of Removal) within a year of entering the United States. You may list children and spouses only if they are within the United States at the time an application is submitted. Any children listed must not be married and must be under the age of 21.

If you need assistance

There are many challenges and guidelines involved in filing an application for Political Asylum. The Law Office of John E. Macdonald, Inc. has experience and will assist you throughout the entire process.

If you or a loved one is currently residing in the state of Rhode Island or Massachusetts and are about the begin the process of obtaining citizenship based on Political Asylum, contact RI Immigration attorney John E. MacDonald 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.

Wednesday, December 21, 2011

Supreme Court to Rule on Arizona’s Immigration Law


High court to look at state immigration laws

By MARK SHERMAN

The Supreme Court has agreed to rule on Arizona's controversial law targeting illegal immigrants.
The justices said Monday they will review a federal appeals court ruling that blocked several tough provisions in the Arizona law. One of those requires that police, while enforcing other laws, question a person's immigration status if officers suspect he is in the country illegally.

The Obama administration challenged the Arizona law by arguing that regulating immigration is the job of the federal government, not states. Similar laws in Alabama, South Carolina and Utah also are facing administration lawsuits.

The court now has three politically charged cases on its election-year calendar. The other two are President Barack Obama's health care overhaul and new electoral maps for Texas' legislature and congressional delegation.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

The Obama administration is waging a furious legal fight against a patchwork of state laws targeting illegal immigrants, and on Monday the Supreme Court has its first chance to jump into the fray.
Read more HERE
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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.

Saturday, October 8, 2011

Immigration Client Testimonial

Rhode Island Immigration Testimonial


“John I would like to thank you for everything you did for my family and I.  Without your help nothing would have been possible.  I wish all the lawyers were like you and Elisha, because you both showed me how much you really cared about my family and worked hard for us. I will always be thankful to you and Elisha because I now have my family back together. 

Thank you so much for everything!”

- Rocio

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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, September 28, 2011

Supports Say RI Dream Act Necessary to Educate Future Workforce

If a child is brought into the country illegally by his or her parents, there is currently nothing legally they can do about pursuing higher education goals and enjoying the rights of a citizen in the country in which they have lived their entire life.

Mr. MacKay argues that if we are to expect these children to remain here and work in our social systems themselves, they need to be given the same rights as the children they have grown up side-by-side with, regardless of their parents’ immigration status.

Approve the RI Dream Act

by Scott MacKay
September 16, 2011
If Rhode Island is serious about developing an educated workforce for the 21st Century, the state must act now. RIPR political analyst Scott MacKay says state government can take a small step to help achieve this goal.
One of the storm clouds gathering over Rhode Island’s economic future is our poorly educated work force. Our state ranks near the bottom of New England in the number of college educated workers that employers need for the jobs of a new century.
A huge challenge in this realm is ensuring that a new generation of immigrants has the opportunity to pursue higher education. For almost a decade now, the General Assembly has had the chance advance this agenda by approving a measure called the Dream Act.
The Dream Act would allow children brought to our state and country by illegal immigrant parents the right to attend Rhode Island’s public colleges and pay in-state tuition.
Children who were brought to the United States illegally are not responsible for their status. If a child comes here at three years old speaking a foreign language and attends public schools, learns English, studies hard and qualifies for admission to college, that student would be entitled to attend a public college for the in-state tuition rate.
The difference between the in-state and out of state cost is significant. At the University of Rhode Island, for example, resident tuition and fees amount to about $12,600 a year. For students from outside the state, that tab is roughly $28,700.
A new  generation  of Latino lawmakers has tried since 2004 to approve a Rhode Island Dream Act. Sen. Juan Pichardo and Rep. Grace Diaz have pushed the legislation, but it has never received serious consideration. The measure has been bottled up in committee, opposed by anti-immigrant sentiment on Smith Hill.
Under the legislation, an immigrant student would have to attend a Rhode Island High School for at least three years and meet the academic qualifications for college. The Dream Act has virtues that both liberals and conservatives should cheer.
Liberals ought to value that such a law would extend the benefits of education to a new generation and open opportunity for immigrants. Conservatives should be pleased that it would advance the conservative values of personal responsibility and competition. Thirteen other states have approved this sensible measure. Even Texas Gov Rick Perry, a Tea Party favorite and liberal bĂȘte noir, has signed such a bill into law.
A Dream Act would allow these children to come out from the shadows of illegal immigration and give them hope. This measure is a hand up, not a hand out.  The cost to taxpayers would be minimal   because the state isn’t harvesting these students’ tuitions now.  Our state and country is paying a big price for failing to deal realistically with illegal immigrants.
If ever a state was forged by immigration, it is Rhode Island. The ethnic ballet that has brought movements of immigrants here from England, Ireland, Italy, Portugal, Cape Verde and many other nations have given us our rich ethnic and racially blended society.
If the General Assembly refuses to Act, there is another way to get this done. The state Board of Governors for Higher Education sets the rules for  in-state tuition. Maybe its time for Governor Chafee to push the education board to bypass  a legislature filled with descendants of immigrants and make this happen so that yet another generation of immigrants can pursue the American Dream here in the Ocean State.
Scott MacKay’s commentary can be heard every Monday on Morning Edition at 6:45 and 8:45. You can also follow his political analysis and reporting at our `On Politics’ blog at WRNI.org

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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, 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.

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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 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.

Saturday, June 25, 2011

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.

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.