J. Thomas Smith Ph.D.’s Answers

J. Thomas Smith Ph.D.

Houston Tax Lawyer.

Contributor Level 20
  1. I'm a legal International student visa. My parents sponsor me for education. I'm getting married with my US citizen fiance.

    Answered over 1 year ago.

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

    12 lawyers agreed with this answer

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

    Answered over 1 year ago.

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

    12 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. J. Thomas Smith Ph.D.
    2. Bindi Chintan Parikh
    3. Neil Ian Fleischer
    4. Robert Louis Brown
    4 lawyer 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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  4. I just got my conditional green card this year. Can i leave the US twice later this year?

    Answered over 1 year ago.

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

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

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. How I can prove that lack of finances in my case IS extreme hardship?

    Answered over 1 year ago.

    1. Alexander Joseph Segal
    2. Jesus Antonio Cachaya
    3. Eliza Grinberg
    4. Alexus Paul Sham
    5. F. J. Capriotti III
    6. ···
    7 lawyer answers

    I agree with my colleagues. You really need to consult with an experienced Immigration Attorney for assistance.

    11 lawyers agreed with this answer

  6. What if we get rejected because my USC husbands earnings aren't enough? Will we have to reapply for my green card?

    Answered over 1 year ago.

    1. Olesia Gorinshteyn
    2. Ji Min Kim
    3. Alexander Joseph Segal
    4. Kyndra L. Mulder
    5. J Charles Ferrari
    6. ···
    8 lawyer answers

    You will need a co-sponsor.

    11 lawyers agreed with this answer

  7. If i surrender my gc and go back to india would my petition filed for my son remain valid

    Answered over 1 year ago.

    1. Theodore John Murphy
    2. J. Thomas Smith Ph.D.
    3. Wendy Rebecca Barlow
    4. Anu Gupta
    5. Stephen D. Berman
    5 lawyer answers

    No.

    9 lawyers agreed with this answer

  8. Using The dream act is is possible to travel to Mexico to go visit her family she hasnt seen in a very long time?

    Answered almost 2 years ago.

    1. J. Thomas Smith Ph.D.
    2. Dean P Murray
    3. Jose Antonio Moreno
    3 lawyer answers

    You should not travel before you are approved for deferred action as a childhood arrival. Once approved you may apply for advanced parole. However, there is no guarantee you will be approved. Approval is on a case-by-case basis. Do consult an experienced immigration attorney for guidance.

    9 lawyers agreed with this answer

  9. Immigration

    Answered over 1 year ago.

    1. Anu Gupta
    2. Eric Edward Rothstein
    3. J. Thomas Smith Ph.D.
    4. Sergey Vladimirovich Makarov
    5. F. J. Capriotti III
    5 lawyer answers

    Your boyfriend needs the services of an experienced immigration attorney. Apparently he entered the country without inspection and is therefore removable. He may qualify for DACA. Best of luck to you both.

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  10. Is there a way for a US citizen to sponsor the wife of a Congo immigrant who came here by lottery two yrs ago?

    Answered over 1 year ago.

    1. J. Thomas Smith Ph.D.
    2. Kevin Lawrence Dixler
    3. Christian Schmidt
    3 lawyer answers

    You present a curious scenario. "No family connection consideration"? Applicants who win the diversity visa lottery can extend that benefit to their spouses and children if they are under 21 years old and unmarried. The spouse and children are called "derivatives." However, in order for a spouse or child to get a diversity visa, they person must have been listed on the primary applicant’s online application. If he neglected to include his spouse or children, they will NOT be eligible for a...

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