Skip to main content
J. Thomas Smith Ph.D.

J. Smith’s Answers

3,351 total


  • Can traffic tickets be discharged in chapter 13 Bankruptcy?

    I have two "driving with no insurance" tickets that have now been referred to a collection agency by the courts. My license has been suspended because of these tickets. I have some other debts that I am considering doing a BK for. If I do a chapte...

    J.’s Answer

    I agree with my colleagues. I believe "driving" would a "moving." All debts must be listed in your bankruptcy filing. Your traffic fine "may" be dischargeable. Yes, it also does depends on they type of fine. Do yo consult with your an experienced bankruptcy for guidance in this matter. Good luck to you.

    See question 
  • Is there a way to modify a mediation settlement before it goes before the judge for signature?

    Something was added to my mediation settlement after I had signed. The amcius atty is asking the judge to grant her the monies owed to her that were originally split 3 ways (bio mom, bio dad & guardians) to be split 2 ways because the bio dad has...

    J.’s Answer

    I agree with my colleagues. Talk to your attorney. Advice and good representation is what you paid for.

    See question 
  • One of my friends was booked on a charge of possession of child pornography on cell phone that his friend was using. Now what?

    They have givin the detective the name of the guy that looked at the images but they don't seem to care. There was no production or distribution of these images at all. What scares me the most is what might happen to his relationship with his 2yea...

    J.’s Answer

    I agree with my colleagues. They are not trying to prove him innocent. That's the job of a good criminal defense attorney.

    See question 
  • I am F1 student and i20 is valid till May 9. I applied for opt. Is it safe to travel india and be back within my i20 date

    I applied for opt and didnt recieve my EAD yet. and my opt starting date is july 2nd. My current F1 visa expires on may 9th. Is it safe to travel india and stay for a month from march 26th to april 28th.

    J.’s Answer

    I agree with my colleague. Yes, it would be safe to travel as long as you are "in status" when you seek readmission.

    See question 
  • Does Will County court have a list of things you are prohibited to consume in your body before taking a drug test?

    Does the Will County drug lab look for any detox drinks and pills?

    J.’s Answer

    If you must subject yourself to a drug test, do so. It is not in your best interest to attempt to cause the test to be inaccurate by ingesting substances that would distort the test results. Also, an adulterated test could be construed as a positive, especially if it is probation related.

    See question 
  • I-129S renewal without visa stamping

    Hi, Currently, I am in L1B. My visa expiry date is May 2017. But, my petition (I-129S) expiry date is Jun 2015 and my I94 Expiry date is Sep 2015. After Sep 2015, can I renew I-129S and I94 by mail without going to US embassy (Outsid...

    J.’s Answer

    I agree with my colleagues. Do consult with your company's immigration attorney for guidance in this matter.

    See question 
  • Uscis denied my 589 and my B2 visa just expired. I have overstayed my visa for a week. Will I be barred from returning to US?

    can i apply for I-130 in the future

    J.’s Answer

    I agree with my colleagues. If you have unlawful presence for more than 180 days, and you leave the country, rendered you inadmissible upon your attempt to return. Do consult with an experienced immigration attorney for assistance in this matter.

    See question 
  • Do I need a lawyer do I have a case?

    I was told on Jan 23rd that I had until April 4th to find a job within my company or I would be let go and given a severance package. First they called me a displaced associate and then when I found out from other people that people were being pai...

    J.’s Answer

    Yes, you could benefit from a consultation with an attorney. Unless you have a contract, you are likely an at will employee. An employer doesn't need a reason to terminate your employment. However, if you were terminated for a statutorily prohibited reason under EEOC, you might have a cause of action. Do consult with an attorney for guidance.

    See question 
  • During the interview, the immigration officer changed my middle name to my mother's maiden name, what can I do to correct it?

    All my ID's & legal docs are in my father's surname as my middle name and of course I am now using my husbands family name. All my ID's are in my fathers surname as my middle name. I do not know what to do next? We secured an Info Pass and req...

    J.’s Answer

    I agree with Attorney Berman. Apply for a replacement.

    See question 
  • Is the mediator supposed to file the settlement agreement with the court?

    I went to mediation in November to come to an agreement on a real estate matter. My ex-boyfriend and I bought a house together, we are 50/50 on title and on the loan. Who is supposed to file the settlement agreement that we came to during mediation.

    J.’s Answer

    I agree with my colleagues. Your mediator can best advise you on the next step in the process.

    See question