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

Friday, February 22, 2013

RI Support for Undocumented Immigrants Shared by North Carolina


North Carolina joins Rhode Island in supporting young undocumented immigrants


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

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

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


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

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

Wednesday, November 28, 2012

Post-Conviction Relief Avoids Deportation

Post-Conviction Relief:  November, 2012.  

Client pled nolo contendere to conspiracy to violate the Uniform Controlled Substance Act in 2003 for a suspended sentence.

Client came to Attorney MacDonald to apply for citizenship.  Based upon this conviction, client was permanently barred from citizenship and subject to automatic deportation.

Post-conviction relief was filed and granted.

The original charge of conspiracy was amended to a non-removable offense allowing client to avoid the deportation and to apply for citizenship in the near future.

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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 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 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.

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.

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.

Wednesday, September 21, 2011

Felony Assault Can Be Grounds for Removal

In immigration matters, if a person is charged with committing any kind of crime, they may be risking deportation. The following case highlights the beneficial outcomes that may be reached with proper representation of the facts under the most equitable application of the law.

FACTS:

A client’s 2001 conviction for felony assault recently placed her in removal proceedings. Since her sentence was two years suspended, the conviction constituted an aggravated felony under immigration law. Even though she had been trouble free for ten years, she was locked up at the Bristol County House of Correction. The family went to see several attorneys who told her that she would be deported. Attorney MacDonald was hired in July, 2011.

RESULTS:

Post-conviction was filed and granted within 3 weeks. Client is now released from detention and her removal case will 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.

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 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.

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.