Showing posts with label immigration lawyer. Show all posts
Showing posts with label immigration lawyer. 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.

Wednesday, October 31, 2012

Post Conviction Relief Vacates Deportation for RI Client

Post Conviction Relief results by John E. MacDonald

July, 2012:

Client was order deported in 2011 by the Boston Immigration Court based upon a 2002 conviction from Providence Superior Court for assault with a dangerous weapon. 

His prior immigration attorney made no effort to vacate this plea. 

Attorney John MacDonald was retained and filed post-conviction relief which was granted in September of 2012. 

A motion to reopen the removal case was filed and granted by the Boston Immigration Court.  The removal case was terminated and client was released.


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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.

Wednesday, October 17, 2012

Becoming a Permanent Resident of the United States

When people immigrate to the United States, they are often coming from war-torn or poverty stricken countries. Although these may be their homelands, there is often no desire to return in their lifetime, or a reasonable assessment that returning would not be safe. They often have to leave family members behind in order to establish themselves in a safe place, where they will then be able to send for them to live their days in peace.

The United States has a very strict and complicated naturalization process. One missed deadline or mistake can mean deportation, often with restrictions on re-entry that make the dream of citizenship a lost cause.

Do yourself and your loved ones the greatest possible service by assuring that your paperwork and filing is handled by an experienced Immigration Attorney.

Immigration Attorney John E. MacDonald has handled hundreds of green card applications, helping immigrants legally attain permanent residence and adjustments of status.

If you are confused by the Immigration process and need some help with your green card or permanent residence application, contact the Law Office of John E. MacDonald now at (401) 421-1440 for more information or a free consultation.

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, July 11, 2012

Criminal Defense & Immigration Testimonial

 Testimonial for John MacDonald

"My husband was in Deportation proceedings for a crime he had committed 23 years ago. I was told that if I had the record expunged, he would probably have a better chance, something I proceeded to do immediately and after spending $1500.00 I came to find out that it was not going work. I had exhausted all my time and energy to no avail. I was informed by the Immigration office. that in order to dismiss the deportation proceedings, I would have to have his plea vacated or the charge brought down to a charge that would allow him to qualify for his (485) Adjustment Of Status.

Living in the state Florida and not having much resources I began to feel like there was no hope, that is until I researched some attorneys in Rhode Island and came across John MacDonald. John worked with us on a pay as you go term and gave us the first glimmer of hope.

Well, I will have you know that it has been 6 mos and I could not be happier with the outcome, not only was he able to Vacant the Plea, but also dismiss all the original charges. He is our Hero!!. In our dealings with John, we have found him to be courteous, understanding and extremely professional. I commend him and his staff for dealing with my constant calling for an update and not allowing them time to work on such a difficult case.

I would highly recommend John MacDonald to anyone faced with a Criminal or Immigration problem. Kudos To John!!!"

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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, 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.

Friday, December 16, 2011

Occupy Movements Attract Immigrants in CA


Unions And Immigrants Join Occupy Movements

by David Bacon
Oakland, California - When Occupy Seattle called its tent camp "Planton Seattle," camp organizers were laying a local claim to a set of tactics used for decades by social movements in Mexico, Central America and the Philippines. And when immigrant janitors marched down to the detention center in San Diego and called their effort Occupy ICE (the initials of the Immigration and Custom Enforcement agency responsible for mass deportations), people from countries with that planton encampment tradition were connecting it to the Occupy movement here.

This shared culture and history offer new possibilities to the Occupy movement for survival and growth at a time when the federal law enforcement establishment, in cooperation with local police departments and municipal governments, has uprooted many tent encampments. Different Occupy groups from Wall Street to San Francisco have begun to explore their relationship with immigrant social movements in the US, and to look more closely at the actions of the 1 percent beyond our borders that produces much of the pressure for migration.

Reacting to the recent evictions, the Coalition for the Political Rights of Mexicans Abroad recently sent a support letter to Occupy Wall Street (OWS) and the other camps under attack. "We greet your movement," it declared, "because your struggle against the suppression of human rights and against social and economic injustice has been a fundamental part of our struggle, that of the Mexican people who cross borders, and the millions of Mexican migrants who live in the United States."
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 bête 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.

Friday, August 19, 2011

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.

Saturday, June 25, 2011

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.

Thursday, February 3, 2011

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.

Monday, January 24, 2011

Married Couples Need to File Taxes Together for Immigration

Naturalization and Taxes

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

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

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

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

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

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

Tuesday, January 18, 2011

Immigration in RI Moves to Mimic Arizona

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

Palumbo plans to re-introduce controversial immigration bill

December 28, 2010
By Karen Lee Ziner
Journal Staff Writer

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


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

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