Immigration Attorney John E. MacDonald Featured Speaker for RI Bar Association Continuing Legal Education Events

John MacDonald Speaking at RIBA

On March 10 and March 16, 2011, Attorney John MacDonald will provide two Food for Thought seminars entitled The Immigration Consequences of Criminal Convictions, in conjunction with the RI Bar Association's CLE program in coordination with the president of the Newport County Bar Association. The seminars will be available in Providence on the 10th, and in Middletown RI on the 16th, and will run from approximately 12:45PM to 1:45PM.

This session focuses on the possible consequences of criminal convictions upon non-citizens, and your duty to advise your client in light of the Supreme Court's decision in Padilla v. Kentucky.

The immigration consequences of a criminal conviction may be far greater than any punishment of jail time, probation or a fine. This program will help you evaluate whether criminal conviction, diversion, or a plea will have an adverse affect on your client's immigration status and offer practical strategies for advising your client.

Attorney MacDonald stated, “My experience in Padilla v. Kentucky has given me an in depth understanding of the immigration implications involved in criminal matters. I am looking forward to speaking on this important topic again.”

The case of Padilla v. Kentucky is a precedent setting Supreme Court case involving the rights of a criminal defendant to be informed regarding the possibility of deportation when entering into plea agreements, or being found guilty of all but the most minor criminal offenses. With the recent changes to the Immigration laws, private counsel is now in the position of having to inform criminal clients about the possibility of deportation in all but the most obscurely referenced Immigration laws.

In all criminal cases involving immigrants, counsel must at least inform the client that the chance of deportation exists.

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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 Story with a Happy Ending

Immigration and naturalization stories are typically not inclined to happy endings, so when a story can provoke at least a smile, it is well worth repeating.

Immigration Attorney John MacDonald found the following article regarding citizenship noteworthy and shares it below.

Woman Receives Naturalization Certificate After 27 Years

By Christine Lin

NEW YORK—Stories about immigrants waiting decades to receive their prized citizenship certificates conjure images of tortured legal proceedings and tears of frustration, but this one warrants a few laughs.

On Wednesday, a Dominican grandmother finally received her papers, after a 27-year-long wait for a notification letter to arrive from the U.S. Citizenship and Immigration Services (USCIS). Unbeknownst to Jenis Martinez, the letter had already arrived—only it was jammed behind her mailbox, where it remained unseen for nearly three decades.

Jenis Martinez became a citizen of the United States in 1975. After having misplaced her original citizenship certificate, she applied for a new one in 1983. USCIS promptly mailed her a letter, letting her know that she could pick up her new certificate on Dec. 22, 1983. Unfortunately, she did not find that letter until earlier this year.

Martinez, a grandmother and breast cancer survivor, went to the USCIS district office on Wednesday to receive her certificate from USCIS New York District Director Andrea Quarantillo before a gathering of reporters—exactly 27 years from the date that she could have picked it up.

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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.

Illegal Immigrants Get a Stay in Rhode Island

Immigration and naturalization are the objective of every immigrant who comes to the United States. And the Americans who live here are only too pleased to see that become a reality because it means new citizens, contributing citizens, who are here for the long haul, not simply to make money and return to their native lands, or worse, to hide as criminals under the guise of innocence.

Although immigration reform needs to be addressed in this country, especially in terms of its unfairness to illegals and the related debates surrounding the issue, giving illegal immigrants carte blanc to reside in the state is definitely not being seen as a move in the right direction by those opposed to the new Governor's way of doing things on day one in office.

An article detailing the highlights of Governor Chafee's innauguration follows below.

Update: Chafee lifts executive order on illegal immigration

Jan 05, 2011
By Karen Lee Ziner
Journal Staff Writer

PROVIDENCE, R.I. -- Less than 24 hours after he was sworn in, Governor Chafee Wednesday rescinded a controversial executive order on illegal immigration that had been issued by his predecessor, former Governor Carcieri.

Chafee signed the rescission in a packed room of cheering supporters, at the International Institute of Rhode Island, a nonprofit agency that aids immigrants and resettles hundreds of refugees each year.

He had pledged to rescind the order -- which he called divisive and harmful to the immigrant community -- as one of his first acts as governor.

"Roger Williams would be very proud," Chafee said as he signed the order.

Among other things, Carcieri's order required state agencies and vendors to verify the legal status of all employees.

Chafee's rescission will also end the so-called 287(g) agreement between state police and U.S. Immigration and Customs Enforcement that has led to four troopers being deputized with immigration enforcement powers.

Though a Chafee senior staff member, Stephen Erickson, had said Tuesday night that the rescission would not affect the partnership agreement, Chafee said otherwise at the International Institute.

"What about 287(g)? Will it be revoked?" a reporter asked.

"That's right, that's right," Chafee responded.

State Police Col. Brendan Doherty said he was contacted by members of the governor's staff Wednesday morning "and I was told that the governor will be calling me with an ear to rescinding 287(g)."

The rescission will end a requirement that the Department of Administration and state vendors use a federal E-Verify screening program to determine whether new hires or employees are legally eligible to work in the country.

Carcieri issued his six-point executive order on March 27, 2008. He said the federal government had dropped the ball on immigration reform and "as a result, the flow of illegal immigrants has become epidemic." He argued that taxpayers were footing the bill.

Praised by opponents of illegal immigration, the order drew widespread protests over concerns that it would exacerbate racial profiling in Rhode Island.
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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.

Vote against DREAM act unfair and misunderstood

In a recent article dealing with the immigration related DREAM act, the entire process was outlined for what would be faced by anyone seeking citizenship in the United States. It seems that as usual, many have misunderstood the language of the act, and have voted unfairly against it in perpetuation of ideologies that need to be reviewed and revisited in favor of the overall desire that people be unified, rather than divided.

The current DREAM act states that children who were brought here by their parents, and who are currently either enlisting in the armed forces, or are students, be allowed to stay under certain strict guidelines only.

The students or soldiers would be allowed to remain in the country either to serve or attend college for two years under a ten year conditional non-immigrant, temporary, status. At the end of the ten year term, they would be eligible to apply for permanent residency, green card, status. And then, after some 13 odd years, would they be allowed to begin applying for naturalization; which can take years on top of that.

The general consensus is that these children would be a bridge somehow for their parents to gain access, or petition for citizenship on their behalf. This is sadly not the case, as any parent who was found to have unlawfully entered the United States would be barred from the US for ten additional years, while required to go back to their own country.

The laws in this area are strict and difficult to understand, and require the assistance of someone well versed in immigration law. If you are facing an immigration situation in the United States, contact an experienced immigration attorney immediately for help.

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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 Service Announces Reduces Visa Wait Times

RI Immigration Attorney John MacDonald suggests hiring a competent immigration attorney to assist you with your naturalization paperwork and process, but found the following article about Visa wait times encouraging for visitors to the United States who decide they would like to stay.

Visa wait times greatly reduced

Dec 08, 2010

The Immigration and Naturalization Service has just announced that legal U.S. immigrants will now have a shorter wait time if they plan to secure a Visa for a spouse or a child.

INS says for the past 5 years it has taken an average of 6 to 8 years for legal U.S. residents with green cards to be able to complete the process of securing a green card for family members.

Now the process can take as little as 8 to 10 months.

INS says part of the reason is that they have been receiving fewer applications, so the paperwork that is received can be processed faster.

Advances in technology have also helped INS become more efficient.


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

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

Criminal Charges and Immigration Status

Criminal Charge and Immigration Status

One of the most common legal issues for those seeking permanent residency, or citizenship, is the effect of criminal charges on their immigration status. In many cases the effect of any conviction for a criminal charge will have serious and far reaching effects on immigration status, even if the crime was not a felony or violent crime.

Something as simple as a conviction for a DUI offense can have the effect of deportation or denial of admissibility or adjustment of status. If the offense is accompanied by a finding of violence or moral turpitude.

The guidelines for determining whether a judgment of guilt has occurred are much broader than under normal criminal law guidelines and can and do include situations where an offender enters a plea.

In some instances, the penalty for the crime may be significantly less than the immigration penalty. And if you have been convicted of a crime, make sure you are honest on any applications you fill out for entry into the US. If you are found guilty of fraud, you will not be granted entrance into the country.

In every case involving immigration matters, whether they involve a criminal element or not, it is in your best interest to seek the assistance and advice of an experienced immigration attorney.

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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 Issues Decided in Padilla v. Kentucky

Immigration Attorney John E. MacDonald Speaks on the Impact of the Supreme Court Ruling in Padilla v. Kentucky

On December 8, 2010, Attorney John E. MacDonald, Esquire spoke at the Rhode Island Association of Criminal Defense Lawyers’ annual Fall Continuing Legal Education Seminar regarding Developments in Criminal Law and Procedure. Attorney MacDonald presented an update relative to the recent Supreme Court Immigration ruling in Padilla v. Kentucky. The seminar encompassed effective strategies and tactics for providing effective assistance of counsel, and avoiding removal in criminal and immigration matters.

The case of Padilla v. Kentucky is a precedent setting Supreme Court case involving the rights of a criminal defendant to be informed regarding the possibility of deportation when entering into plea agreements, or being found guilty of all but the most minor criminal offenses. With the recent changes to the Immigration laws, private counsel is now in the position of having to inform criminal clients about the possibility of deportation in all but the most obscurely referenced Immigration laws. In all criminal cases involving immigrants, counsel must at least inform the client that the chance of deportation exists.

Attorney MacDonald is known for his experience in Criminal matters that also involve Immigration issues, and when asked about his engagement to speak at the CLE seminar dealing with this issue stated, “Padilla is a landmark decision from our Supreme Court. It places an affirmative duty on criminal defense lawyers to properly advise their clients as to the immigration consequences of a plea. Lawyers can no longer turn a blind eye to the harsh immigration consequences that may result from a plea to a criminal case.”

The CLE seminar took place on Wednesday December 8, 2010 from 4:00 to 7:00PM at the Frank Licht Judicial Complex, 250 Benefit Street, Providence, Rhode Island.
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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.