Getting Back Your Belongings
A RI Family Court restraining order, or no contact order, is primarily put into effect whenever a member of a household is arrested for domestic violence, or other kind of violent, aggressive behavior in a domestic situation. The terms of the order vary from person to person, but a hard and fast rule to a no contact order, is that the court has ordered you to refrain from any and all contact with the victim, and to keep away from them often to within a specific range of feet or yards from their home or person.
Because of this, getting back your personal belonging can be an involved process. However, there are acceptable avenues that you can follow to accomplish the task within the restrictions of the order.
One such way is to contact the police department in the city or town where the victim lives and schedule a convenient time for them to escort you in and out of the home. You will only have a set amount of time to gather your items however, and this arrangement typically only works for those people who are at least amicable to the separation and will take the time to pack the absent party's belongings prior to their arrival.
Another method is to allow the attorneys for the parties to communicate and arrange an agreeable time for the accused to pick up their items. This method, like the one above, typically works best with parties who are not actively arguing anymore and can agree to separate their property and move on with their lives afterward.
A third methods calls for the involvement of family or a mutual friend. This method can work very well as long as the accused is very careful not to violate the no contact order in the process.
Finally, the accused has the option of applying to the Court where the order was filed for relief. In cases involving criminal no contact orders, the court is unsympathetic to all requests for assistance in this area. You would be best served to contact an experience domestic relations and family court attorney for assistance in getting back your belongings without violating the court order.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
Thursday, January 20, 2011
Monday, January 17, 2011
Real Immigration Stories in RI
It's so rare that we get to hear real immigration stories, we thought it might be interesting to share some of those here. In them you will find situations that can happen to anyone, and the ways in which these immigrants handled their circumstances.
If you need assistance with an immigration matter in RI, a naturalization certificate or the citizenship process, please do not hesitate to contact our office for a consultation.
Faces of immigration in R.I.
January 16, 2011
By Karen Lee Ziner
José Marcano traveled from Venezuela in 1989 to run the Boston Marathon. Leading up to the race from Hopkinton, Mass., to Boston, Marcano made friends and contacts.
Inspired by what he learned, Marcano said, “I saw a better opportunity here in America.”
In 1991, Marcano left law school in Caracas. He quit his internship at the Supreme Court in Venezuela. Then 28, Marcano banked on his hopes and abilities.
Five years later, Marcano was an established painting and construction contractor in Rhode Island, adding to the surge in Hispanic-owned businesses and Latino economic power in Rhode Island. In fact, Hispanic-owned businesses in Rhode Island increased nearly 69 percent between 2002 and 2007, Census data show.
Marcano started at the bottom, but proved an avid learner.
Among his first jobs was at a machine shop, taking parts off a conveyer belt and packing them into boxes.
Among his first friends was a Dominican woman, Josefina Rosario, known as “Doña Fefa,” or mother of the community.
Rosario rented a room to Marcano in her South Side triple-decker, where so many immigrants — many of them Dominican — had come before him. When new immigrants arrived, Rosario would board them while her children bunked on the floor. She fed them, cared for them, helped them navigate their new world. (Rosario now lives in Warwick.)
“I lived at Fefa’s house for three months. We shared food. She gave me the history of how people came to America,” Marcano said, including the dozens of Dominicans she sponsored to the U.S. Rosario also passed on the wisdom she gained as the owner of Fefa’s Market, formerly on Broad Street across from Roger Williams Park.
“She was one of the top people who inspired me to go into business,” Marcano said.
He also met other Venezuelans, many of whom settled in Central Falls, and with whom he maintains ties.
While running on Blackstone Boulevard in Providence one day, Marcano met a contractor, who hired him to paint houses in upscale neighborhoods in exchange for training.
“I learned all the particulars” of quality painting, he said, from prep work to products. He learned about Rhode Island business regulations, licenses, permits and insurance.
Meanwhile, Marcano learned English, and later earned a certificate in international business from what was then Bryant College.
He built his company, JM Painting & Plastering in Cranston, from a one-man shop to nearly two dozen employees at its peak. The tanked economy and a financial loss suffered when a developer failed to pay him forced him to lay off some workers. JM was awarded “Hispanic Business of the Year” by the Rhode Island Hispanic Chamber of Commerce in 2007.
He and his girlfriend, Ingrid Lima, have recently taken over The Water’s Edge Café on Broad Street in Pawtuxet Village, a cheerful pastry and coffee shop with raspberry-colored walls.
Last June, Marcano became a U.S. citizen.
“I cried,” Marcano said, “because my dream came true in this country.” Inside
• A look at how some of Rhode Island’s largest ethnic groups got here.
•Maps showing where some of the groups live.
•We also ask some prominent Rhode Islanders whether they prefer the term “Hispanic” or “Latino.” A10, 11
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
If you need assistance with an immigration matter in RI, a naturalization certificate or the citizenship process, please do not hesitate to contact our office for a consultation.
Faces of immigration in R.I.
January 16, 2011
By Karen Lee Ziner
José Marcano traveled from Venezuela in 1989 to run the Boston Marathon. Leading up to the race from Hopkinton, Mass., to Boston, Marcano made friends and contacts.
Inspired by what he learned, Marcano said, “I saw a better opportunity here in America.”
In 1991, Marcano left law school in Caracas. He quit his internship at the Supreme Court in Venezuela. Then 28, Marcano banked on his hopes and abilities.
Five years later, Marcano was an established painting and construction contractor in Rhode Island, adding to the surge in Hispanic-owned businesses and Latino economic power in Rhode Island. In fact, Hispanic-owned businesses in Rhode Island increased nearly 69 percent between 2002 and 2007, Census data show.
Marcano started at the bottom, but proved an avid learner.
Among his first jobs was at a machine shop, taking parts off a conveyer belt and packing them into boxes.
Among his first friends was a Dominican woman, Josefina Rosario, known as “Doña Fefa,” or mother of the community.
Rosario rented a room to Marcano in her South Side triple-decker, where so many immigrants — many of them Dominican — had come before him. When new immigrants arrived, Rosario would board them while her children bunked on the floor. She fed them, cared for them, helped them navigate their new world. (Rosario now lives in Warwick.)
“I lived at Fefa’s house for three months. We shared food. She gave me the history of how people came to America,” Marcano said, including the dozens of Dominicans she sponsored to the U.S. Rosario also passed on the wisdom she gained as the owner of Fefa’s Market, formerly on Broad Street across from Roger Williams Park.
“She was one of the top people who inspired me to go into business,” Marcano said.
He also met other Venezuelans, many of whom settled in Central Falls, and with whom he maintains ties.
While running on Blackstone Boulevard in Providence one day, Marcano met a contractor, who hired him to paint houses in upscale neighborhoods in exchange for training.
“I learned all the particulars” of quality painting, he said, from prep work to products. He learned about Rhode Island business regulations, licenses, permits and insurance.
Meanwhile, Marcano learned English, and later earned a certificate in international business from what was then Bryant College.
He built his company, JM Painting & Plastering in Cranston, from a one-man shop to nearly two dozen employees at its peak. The tanked economy and a financial loss suffered when a developer failed to pay him forced him to lay off some workers. JM was awarded “Hispanic Business of the Year” by the Rhode Island Hispanic Chamber of Commerce in 2007.
He and his girlfriend, Ingrid Lima, have recently taken over The Water’s Edge Café on Broad Street in Pawtuxet Village, a cheerful pastry and coffee shop with raspberry-colored walls.
Last June, Marcano became a U.S. citizen.
“I cried,” Marcano said, “because my dream came true in this country.” Inside
• A look at how some of Rhode Island’s largest ethnic groups got here.
•Maps showing where some of the groups live.
•We also ask some prominent Rhode Islanders whether they prefer the term “Hispanic” or “Latino.” A10, 11
----------------------------------------------------------------------------------
If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
Immigration and Naturalization Process Introduction
Before you speak to an Immigration Attorney, you may like to understand the process a bit and be able to ask pertinent questions when you are ready for your consultation.
The Immigration and Naturalization process can be intimidating, more so when it might be your citizenship that hangs in the balance. A qualified Naturalization lawyer will be able to walk you through the process and guide you toward whatever is necessary every step of the way.
Becoming a citizen of the United States does not have to be a traumatic process, as long as you have the right attorney on your side.
The following article offers some brief, but valuable, insight into the naturalization process. It is not intended to be a substitute for legal counsel, merely an introduction that will enable you to choose an Immigration representative wisely.
The Steps of the Naturalization Process
By Donny Quinn
January 11, 2011
Although current political discussions may lend a frightening tone to naturalization, statistically, completion is easier than some may think. In 2002, naturalized citizens comprised 32 percent of foreign-born residents, as reported in "Immigrant Families and Workers: Trends in Naturalization," a brief prepared by the Immigration Studies Program at the Urban Institute. An additional 35 percent were legal permanent residents, eligible for naturalization after meeting criteria. At 27 percent, illegal immigrants comprised the smallest remaining group.
Permanency and Age
1. The U.S. Citizenship and Immigration Services requires two stipulations of all naturalization applications: lawful permanent resident status and 18-year age requirement. The length of LPR status depends on marriage status and military service: unmarried applicants without military service require five years, married applicants require three years and military-enlisted applicants require one year. The only way to obtain naturalization without prior permanent residency is through military service during a designated period of hostilities.
N-400 and Photos
2. If a disability bars you from naturalization, request a waiver when filing your N-400. Five major types of questions are on a naturalization application, or N-400. These questions provide information about: your identification, your citizenship, the last five years of your life, your family and matters that could make you ineligible for naturalization. When providing information pertaining to the last five years, you must list your residences, workplaces, schools of attendance and international trips. When providing family information, you must list all of your marriages and children, despite the person's age, marital status and blood relation. The final part of the form contains a series of yes-or-no questions on topics such as criminal history and drug-related offenses.
When you send your N-400 form to the nearest USCIS office, you must include two passport photographs, which help immigration employees verify your naturalization application. You must mail the photographs and application within 30 days of the date the photograph was taken.
Fingerprints
3. After the USCIS processes your application and photographs, you will receive a letter instructing you to come to the USCIS office for electronic fingerprint registration. The FBI uses your fingerprints to verify your criminal history. If you have no outstanding criminal warrants in other countries, you will receive a letter instructing you to attend a naturalization interview.
Interview and Oath
4. The interview process ensures candidacy for U.S. citizenship. The interviewer asks you a series of questions relating to your application, including questions determining character and willingness to swear allegiance to the United States. If evidence is needed to support your application, the interviewer asks for it at the interview.
During the interview you complete an English exam and a civics test, which is given in whatever language you wish. To pass the civics test, you must correctly answer six out of the 10 questions asked -- all 100 possible questions are listed at USCIS.gov. If you pass the test and interview, you return your permanent resident card and take an oath of allegiance to the United States.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
The Immigration and Naturalization process can be intimidating, more so when it might be your citizenship that hangs in the balance. A qualified Naturalization lawyer will be able to walk you through the process and guide you toward whatever is necessary every step of the way.
Becoming a citizen of the United States does not have to be a traumatic process, as long as you have the right attorney on your side.
The following article offers some brief, but valuable, insight into the naturalization process. It is not intended to be a substitute for legal counsel, merely an introduction that will enable you to choose an Immigration representative wisely.
The Steps of the Naturalization Process
By Donny Quinn
January 11, 2011
Although current political discussions may lend a frightening tone to naturalization, statistically, completion is easier than some may think. In 2002, naturalized citizens comprised 32 percent of foreign-born residents, as reported in "Immigrant Families and Workers: Trends in Naturalization," a brief prepared by the Immigration Studies Program at the Urban Institute. An additional 35 percent were legal permanent residents, eligible for naturalization after meeting criteria. At 27 percent, illegal immigrants comprised the smallest remaining group.
Permanency and Age
1. The U.S. Citizenship and Immigration Services requires two stipulations of all naturalization applications: lawful permanent resident status and 18-year age requirement. The length of LPR status depends on marriage status and military service: unmarried applicants without military service require five years, married applicants require three years and military-enlisted applicants require one year. The only way to obtain naturalization without prior permanent residency is through military service during a designated period of hostilities.
N-400 and Photos
2. If a disability bars you from naturalization, request a waiver when filing your N-400. Five major types of questions are on a naturalization application, or N-400. These questions provide information about: your identification, your citizenship, the last five years of your life, your family and matters that could make you ineligible for naturalization. When providing information pertaining to the last five years, you must list your residences, workplaces, schools of attendance and international trips. When providing family information, you must list all of your marriages and children, despite the person's age, marital status and blood relation. The final part of the form contains a series of yes-or-no questions on topics such as criminal history and drug-related offenses.
When you send your N-400 form to the nearest USCIS office, you must include two passport photographs, which help immigration employees verify your naturalization application. You must mail the photographs and application within 30 days of the date the photograph was taken.
Fingerprints
3. After the USCIS processes your application and photographs, you will receive a letter instructing you to come to the USCIS office for electronic fingerprint registration. The FBI uses your fingerprints to verify your criminal history. If you have no outstanding criminal warrants in other countries, you will receive a letter instructing you to attend a naturalization interview.
Interview and Oath
4. The interview process ensures candidacy for U.S. citizenship. The interviewer asks you a series of questions relating to your application, including questions determining character and willingness to swear allegiance to the United States. If evidence is needed to support your application, the interviewer asks for it at the interview.
During the interview you complete an English exam and a civics test, which is given in whatever language you wish. To pass the civics test, you must correctly answer six out of the 10 questions asked -- all 100 possible questions are listed at USCIS.gov. If you pass the test and interview, you return your permanent resident card and take an oath of allegiance to the United States.
----------------------------------------------------------------------------------
If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
Friday, January 14, 2011
Visitation Rights and Child Support
It is a common question, "Can an ex-spouse deny visitation to the non-custodial parent, if they do not pay child support?"
The short answer is No.
Whether you share custody jointly, or one of you has sole custody, you cannot deny your ex visitation with the minor child for failure to pay support or for contempt for failure to pay child support.
Family court judges in the State of Rhode Island agree on this matter, in that by denying your ex visitation on any basis, is damaging and viewed as punishing to the child. And at all times,it is the child's best interests that matter.
You do have some recourse when it comes to collecting your child support however, and may file a motion for contempt to attempt to obtain an order for payment of the arrearage. You need to be aware however, that denying even an ex visitation who has been found to be in contempt for failure to pay child support could place you in danger of being found in contempt of a court order for visitation, and in a worst case scenario situation, you could even lose custody of your child.
If you are unhappy with your custody order, or are not receiving child support for your minor child, you will need to address the matter with the Family Court for the State in which you and the child reside. A qualified domestic relations attorney can provide you with more information as well as a course of action for filing your motions and getting a hearing with the Family Court.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
The short answer is No.
Whether you share custody jointly, or one of you has sole custody, you cannot deny your ex visitation with the minor child for failure to pay support or for contempt for failure to pay child support.
Family court judges in the State of Rhode Island agree on this matter, in that by denying your ex visitation on any basis, is damaging and viewed as punishing to the child. And at all times,it is the child's best interests that matter.
You do have some recourse when it comes to collecting your child support however, and may file a motion for contempt to attempt to obtain an order for payment of the arrearage. You need to be aware however, that denying even an ex visitation who has been found to be in contempt for failure to pay child support could place you in danger of being found in contempt of a court order for visitation, and in a worst case scenario situation, you could even lose custody of your child.
If you are unhappy with your custody order, or are not receiving child support for your minor child, you will need to address the matter with the Family Court for the State in which you and the child reside. A qualified domestic relations attorney can provide you with more information as well as a course of action for filing your motions and getting a hearing with the Family Court.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
Tuesday, January 11, 2011
Immigration Legislation Enforcement Proposed by House Representative
Amidst the conversations and debates around Governor-elect Chafee, the immigration issue was touched upon along with a proposed food and clothing tax, among other items.
Woonsocket Representative Brien and Senator Cote are submitting a bill again this year that will use the federal government's E-Verify database in an effort to enforce immigration status checks by private employers.
Although the bill has passed in the House, the Senate is only promising a hearing on it this year, nothing more.
And hosting the Arizona-like immigration reform proposal, Cranston Representative Palumbo wants to give the police every power to detain individuals, stopped lawfully, who does not have immigration paperwork and is suspected of being in the country illegally.
Governor-elect Chafee has promised that there will be a rescinding of a former Governor's order on illegal immigration, even though Palumbo will push to have some of the language remain intact; in particular that the State departments, agencies and vendors use E-Verify and help enforce federal immigration laws.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
Woonsocket Representative Brien and Senator Cote are submitting a bill again this year that will use the federal government's E-Verify database in an effort to enforce immigration status checks by private employers.
Although the bill has passed in the House, the Senate is only promising a hearing on it this year, nothing more.
And hosting the Arizona-like immigration reform proposal, Cranston Representative Palumbo wants to give the police every power to detain individuals, stopped lawfully, who does not have immigration paperwork and is suspected of being in the country illegally.
Governor-elect Chafee has promised that there will be a rescinding of a former Governor's order on illegal immigration, even though Palumbo will push to have some of the language remain intact; in particular that the State departments, agencies and vendors use E-Verify and help enforce federal immigration laws.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
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