J. Thomas Smith Ph.D.’s Answers

J. Thomas Smith Ph.D.

Houston Immigration Attorney.

Contributor Level 19
  1. I want to apply for citizenship but have a Misdemeanor DUI from2004 on record.No other offenses ever,before that or after

    Answered 4 months ago.

    1. J. Thomas Smith Ph.D.
    2. Seth Andrew Weinstein
    3. Matthew Murillo
    4. Harry Edward Hudson Jr
    5. William A. Jones Jr.
    6. ···
    6 attorney answers

    One DUI should not have a negative impact on your application for citizenship. Generally the last five years are reviewed most closely when it comes to criminal activity. One DUI I does not a drunkard make. As long as your application shows you are generally of good moral character, this one incident should not have a significant impact. However it might be a good idea to have a experienced immigration lawyer review your application, arrest and court records to determine if there are issues...

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  2. Do the monetary benefits from Veterans Affairs dept count as income on I-864 form (for the AOS based on marriage)?

    Answered 3 months ago.

    1. J. Thomas Smith Ph.D.
    2. Christy Han Mohan
    3. Theodore John Murphy
    3 attorney answers

    Of course. But, it it does not meet the 125% of poverty level standard, you may need a co- sponsor.

    14 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. How to find defendant's current address?

    Answered about 1 month ago.

    1. Christian K. Lassen II
    2. Marc Lazarus
    3. Scott J. Corwin
    4. J. Thomas Smith Ph.D.
    5. Richard Andrew Harting
    6. ···
    7 attorney answers

    I agree with my colleagues. There are a number of services on-line.

    12 lawyers agreed with this answer

  4. Can a person with a conviction for 2nd degree murder that was then deported get a green card if he marries a us citizen?

    Answered about 1 month ago.

    1. Alexander Joseph Segal
    2. Giacomo Jacques Behar
    3. J. Thomas Smith Ph.D.
    4. Ingrid Arnalda Morfa
    5. Robert Louis Brown
    6. ···
    6 attorney answers

    From the facts you present, it does not appear promising. However, you should consult with an experienced Immigration Attorney who can examine the facts if the case and advise you accordingly.

    11 lawyers agreed with this answer

  5. I'm a legal International student visa. My parents sponsor me for education. I'm getting married with my US citizen fiance.

    Answered 2 months ago.

    1. Lisa Ellen Seifert
    2. Barbara A Marcouiller
    3. J. Thomas Smith Ph.D.
    4. J Charles Ferrari
    4 attorney answers

    I agree with my colleagues. Focus on your studies. After you get married and your husband has a job, and you have a place to live, then you should petition to adjust status.

    11 lawyers agreed with this answer

  6. What is the shortest time my family member will have to be in Mexico before he can come back to the US?

    Answered 3 months ago.

    1. J. Thomas Smith Ph.D.
    2. Perry Sai-On Chan
    3. Christian K. Lassen II
    4. Morgan Laine Place
    5. Anthony Emeka Nze Nwosu
    5 attorney answers

    There us NO WAY your family member will be re-admitted to the US in a year, if ever. If one does not leave under voluntary departure as promised, s/he is disqualified from most forms of relief for 10 years. Another consequence of failure to depart the U.S. on time is an automatic ten-year bar from being granted cancellation of removal, waiver, adjustment of status, change of status, registry, and further voluntary departure. Also a crime involving DV is an offense that would render one...

    11 lawyers agreed with this answer

  7. Get married during an official trip (B-1 Visa)

    Answered 3 months ago.

    1. Alena Shautsova
    2. J. Thomas Smith Ph.D.
    3. Kevin Lawrence Dixler
    4. Dean P Murray
    5. Bindi Chintan Parikh
    6. ···
    6 attorney answers

    To plan to come to U.S. to get married while misstating your purpose for entering the country, is a violation of law. However, if one does happen to get married after entering with a visa,, the USC can petition (i-130) and the alien spouse can apply to adjust status (i-485) in U.S. Once the package is submitted, it would be best if alien remained in the US. for at least six months until approved. If the alien departs, you will have to apply for a K3 Spouse Visa which requires you to stay...

    11 lawyers agreed with this answer

  8. How does dual intent work in accordance with study abroad students staying and leaving the country after their study is done?

    Answered 3 months ago.

    1. J. Thomas Smith Ph.D.
    2. Bindi Chintan Parikh
    3. Neil Ian Fleischer
    4. Robert Louis Brown
    4 attorney answers

    No one can stop you from getting married. However, while you might be able to petition for her, she would not be able to adjust status unless she first obtained a J1 waiver. J1 exchange visitor visas are unique in that they require some holders to return home at the end of the program for a period of two years instead of allowing the foreign national to work under an H-1B visa, L visa or to adjust status to a green card holder. The intent of the J1 exchange visitor visa is to provide...

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  9. I just got my conditional green card this year. Can i leave the US twice later this year?

    Answered about 1 month ago.

    1. J. Thomas Smith Ph.D.
    2. Sarah E. Blackwell
    3. Ingrid Arnalda Morfa
    4. Robert West
    5. Gary David Goodin
    6. ···
    6 attorney answers

    No. There should be no problem traveling with a provisional green card.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. What document can be used to prove that I am a US citizen besides passport and naturalization certificate?

    Answered 3 months ago.

    1. J. Thomas Smith Ph.D.
    2. Kyndra L. Mulder
    3. C. C. Abbott
    4. Alexander Joseph Segal
    4 attorney answers

    "Saving time" may not be an option. Your approval receipt will not be adequate to prove citizenship. You will need copies ( or originals) of your proof of your U.S. citizenship status (a birth certificate, naturalization certificate, or passport) or permanent resident status (a green card or stamp in your passport). Do consult an an experienced immigration attorney for assistance.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

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