Green Cards

Rhode Island Green Card Lawyers

One of the most highly sought opportunities for immigrants visiting the United States is the that of obtaining legal residency in the form of a green card. With few exceptions, an immigrant may be eligible for permanent residence in the United States five years after obtaining a green card. The process of acquiring a green card is most easily achieved with a "Fiance Visa"; which makes any immigrant that legally marries a U.S. citizen eligible to apply for citizenship after three years.

That does not make the 'Fiance Visa' the easiest to get however. The USCIS frowns on the practice of getting married simply for the chance to obtain a green card however and has built special provisions into the process that make it impossible to 'fake' your marriage and betrothal. Both parties must have extensive knowledge of the life of their partner including familial history and intimate information only someone with a long standing relationship, or who was a true wife or husband would know.

Benefits of a Green Card

Green cards come with many benefits, including the opportunity to seek employement or education within the United States. For many people around the world employment opportunities, education, and even physical safety are difficult to attain. For those who prove eligible and meet the criteria mandated by the United States government this kind of visa will provide them the chance to remain in the country legally and become a US Citizen.

A challenging process

While there may be more than a few ways to obtain a green card it is still a daunting and often confusing process filled with many obstacles and confusing loopholes. Factors such as a criminal history in an immigrant's native country, entering the United States illegally, or attempting to deceive the US department of Immigration will decrease your chances of qualifying for a visa.

The following seven categories may increase your chances if they apply to you:

• You are considered an alien of extraordinary ability and are capable of petitioning for yourself.
• A close family member of substantial status sponsors you.
• You are facing deportation that may result in extreme or unusual hardship such as physical harm to your person.
• You have been found eligible for Asylum or Refugee status.
• You have invested a considerable amount of currency to the United States.
• Your employer has sponsored you by providing labor certification.
• You have resided in the United States for more than ten years, and have demonstrated that you are a person of good moral character.

If you need assistance, an experienced Immigration Attorney will make the process of applying for a green card much easier and is essential to your success in many cases.

If you or anyone you know needs help applying for a green card contact RI Immigration Attorney John E. Macdonald now 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.

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.

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.

Robbery Case Results

Criminal Case Results from John MacDonald

May, 2012:

Client found NOT GUILTY of ASSAULT WITH INTENT TO ROB.

This charge is Rhode Island’s equivalent of attempted robbery.

In a jury waived trial, client admitted his guilt in assaulting another individual but adamantly denied he ever attempted to rob.

After trial, client was acquitted of the felony attempted robbery charge and instead found responsible for the lesser included assault charge.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

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

Organized Crime In Rhode Island

Organized Crime

Organized Crime is defined by law enforcement agencies as any continuous, conspiratorial enterprise that engages in illegal activities as a means of generating profits, often referred to as "Black Money".

While the term "organized crime" is often applied to organizations such as the Italian Mafia, individuals do not need to be members of any crime syndicate in order to be arrested and prosecuted for affiliation with such activity.

While Rhode Island is not considered to be a mecca for organized crime, it is still present and operating on various levels throughout the state. Some of the crimes considered to be typical and integral parts of organized crime in Rhode Island include:

Gambling Rings

Many forms of gambling are illegal in most states, however Rhode Island does permit lotteries, Race Tracks and casinos that must conduct themselves in accordance with state regulations. Illegal forms of gambling are still very common and thrive while hidden from public view. While there have been several statutes which have been passed in order to deter this problem, it has not eliminated it.

Prostitution Rings

Although legal in the state of Rhode island between 1980 and 2009, Prostitution has been outlawed once again, and has been an age-old issue in virtually every part of the world. Prostitution has been one of the most lucrative enterprises in nearly all forms of organized crime for as long as it has existed. Even street prostitution has a well-defined structure and anyone charged, or found to have been involved with the operation of that structure on any level may be considered to be a participant in organized crime.

Drug-Dealing

Another crime that has saturated virtually every country in which most recreational substances have been prohibited, drug dealing involves a massive, and intricately run system of checks and balances which are without question; considered organized crime. Like most other states, Rhode Island prosecutors apply every possible means at their disposal to punish offenders to the maximum extent of the law.

Loan-Sharking

Loan sharking is another timeless crime that takes place in virtually every state. Loan sharking involves the dispensing of loans to individuals who are unable to obtain a loan or credit legally, and agree to accept a sum of money with often unreasonable interest rates in addition to unreasonable modes of collection when payments are late or can not be paid in full. Loan-sharking is a business, and includes a pyramid shaped hierarchy that employs violence, thuggery, bribery, threats and even murder in order to maintain its operation.

Consequences

Many of these crimes are subcategories of racketeering and due to their affiliation with organized crime will result in lofty prison sentences and severe fines, in addition to the forfeiture of any profits made by the illegal activity for which an individual is being prosecuted.

If you have been accused of any of these crimes and face the prospect of prosecution, contact Criminal Defense Attorney John E. MacDonald at (401) 421-1440 now for more information and a free consultation.

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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.

Drug Trafficking in Rhode Island

Narcotics Trafficking in Rhode Island

Drug trafficking is generally defined as the sale and distribution of illegal substances such as heroin, LSD, MDMA (ecstasy), marijuana, steroids, cocaine, PCP, and methamphetamine.

In many states, drug trafficking falls under the category of "Organized Crime", which has the potential to increase the severity of any penalties issued after a conviction.

Although penalties for federal drug trafficking convictions vary based on the state in which the crime takes place, it is both a state and a federal crime. Punishments often depend on the substance, as well as the quantity of drugs involved. Because drug trafficking is closely associated with organized crime, the state of Rhode Island litigates drug trafficking crimes with the intent to prosecute offenders to the fullest extent of the law.

In addition to the possibility of serious prison time, a drug trafficking conviction also has the potential to remain on your record for the rest of your life, making it difficult to attain employment, while simultaneously leading to the loss of personal property, denial of federal benefits, and the loss of real estate.

Federal Drug Trafficking Penalties

• First Offense Marijuana Distribution (1,000 kg or more), Not less than 10 years.
  
• First Offense Cocaine Distribution (5 kgs or more mixture) Not less than 10 years.
  
• First Offense Heroin Distribution (1 kg or more mixture) Not less than 20 years.
  
• First Offense LSD Distribution (10 gms or more mixture) Not less than 10 years.
  
• First Offense Methamphetamine Distribution (50 gms or more) Not less than 20 years.
  
• First Offense PCP (10 - 99 gms pure or 100 - 999 gms mixture) Not less than 20 years.
  

If you have been charged

A drug trafficking charge has the potential to destroy your life; which is why you should contact an experienced attorney before speaking to anyone involved with law enforcement agencies such as the FBI, DEA, or police department.

If you have been officially charged with drug trafficking or are currently under investigation in the state of Rhode Island, Criminal Defense Attorney John E. MacDonald will provide a comprehensive and tenacious defense in both state and federal courts.

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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.

Motion to Suppress in Cocaine Possession Case Results

Drug Possesion Results fron John MacDonald

January, 2012:

Attorney MacDonald’s Motion to Suppress all evidence seized by Providence Police during a car stop was granted by a Superior Court Judge. 

Client’s charges of possession of cocaine are now subject to dismissal.

The basis of the motion was the lack of probable cause to stop the vehicle and search the passengers.

The Superior Court judge agreed and all evidence seized is no longer admissible at trial.

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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.