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J Thomas Smith Ph.D.
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J Smith’s Answers

3,435 total


  • Concerning the passport sized 2' x 2' photograph sent in with form I-129 F.

    should my name in back of photo be written in pencil, ballpoint or marker ? Would red marker be o.k. ? Thankyou.

    J’s Answer

    Any ink you use would be fine. I prefer black or blue ink. They won't reject it because you use red ink. Do not include your A #.

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  • For spouse or child to visit H1- Spouse/Parent in US for a repetitive short vacations, which Visa is recommended H4 or B1.

    I am on H1 visa in US and my daughter and Husband are in India and want to visit me for 1 month. Would they require to apply on H4 or B1. Also they plan be make repeated trips during vacations in future also.

    J’s Answer

    I agree with my colleagues. Either visa would be suitable. But as attorney Shusterman points out, the H4 is a dual intent visa. So, in this case, it might be preferable for you. Do consult with an immigration attorney for guidance based in your specific situation.

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  • What is the the value of assets for someone who has not filed taxes (had an income) in many years?

    What is the calculated value of my "assets", when trying to satisfy the income requirements for an I-130 Affidavit of Support? The poverty guidelines state that 125% of the poverty level for my household size is about $20,000. From there I know ...

    J’s Answer

    If your income doesn't meet the Poverty Guidelines requirements, your personal assets, the immigrant's, or members of the sponsor’s household may also be used to supplement your (the sponsor’s) income. You could list such assets as bank account deposits, real property, and various forms of personal property such as automobiles or jewelry. All of the the assets must be readily convertible to cash (only a percentage of value can b counted) within one year. However, you have a number of issues that you present. Do consult an experienced immigration attorney to address your specific issues.

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  • I had a B felony, can i apply for US diversity visa lottery? and if i win,i will not have a problem? i live in Georgia Tbilisi

    I had a B felony, can i apply for US diversity visa lottery? and if i win,i will not have a problem? i live in Georgia Tbilisi

    J’s Answer

    All aliens wishing to come to the United States, including Diversity Lottery winners, must undergo
    reviews performed by Department of State consular officers abroad and Department of Homeland
    Security immigration officers when you attempt to enter the United States. These background checks are done to ensure that the aliens are not ineligible for visas or admission under the guidelines as enumerated in the INA. So, if your Class B felony would normally render you inadmissible it would be the same under the diversity lottery. For clarification do consult an experienced immigration attorney.

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  • H1b eligibility clock reset

    I came to usa in Aug 2010 on L1B and staywd here till Apr 2015 . I was in usa on this visa for approx 4 years 8 months. Reentered usa on h4 in Aug 2015 does my reentry on H4 resets my clock for work visa or it will add in towards my work visa. can...

    J’s Answer

    No. Reentry or staying in the U.S in any other status like will not reset the clock. Your best option may be to have another employer sponsor you for an H1B.

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  • My AOS case was received about 20 days after my F1 OPT expired, I have D/S on my I-94, am I safe to use AP?

    My F1 OPT expired in May, I had a grace period, so my F1 OPT expired in July, I married my boyfriend (an USC) in July, and my AOS case was received in August. I receive the comb card in October. Am I safe to use the AP? Since I have D/S on my I-94

    J’s Answer

    Yes. It is safe to travel. You have nothing to be concerned about.

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  • How USCIS know about my arrest if the court do not have any record on me?

    I am on H1B visa. I did shoplift 3 years ago at a grocery store. The store called the police. The police gave me a Municipal Court Citation of $429 for Retail theft then release me from the store. They took my photos but no fingerprint was made. I...

    J’s Answer

    Yes, there is a chance that the court lost your case. But, it is also possible that it was misfiled, mislabeled, or someone was just not thorough in searching for it. DHS has many data bases to search for information. It is a crime to be dishonest in answering questions on immigration (and other) applications. In all matters "honesty is the best policy." Then, you don't have to remember the untruth that you listed. Good luck.

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  • Ability to file I-131 prior to filing I-485 while in the US in TN Status

    I am in the US on a TN and have just received I-140 approval (EB-2/NIW). I will be filing I-485 in January. I need to travel for family reasons (ailing parents). I understand that I should not travel while the I-485 is pending unless I get adva...

    J’s Answer

    Absolutely not! But, you do have a choice. You can wait until you complete the adjustment of status process and then travel, OR you can forget about the process and leave the country against your attorney's advice. Unless you are a physician, your presence probably won't help your parents condition very much. I suggest you complete the process first. I am sure your parents will understand.

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  • Last I met this lawyer name Mulder law office through AVVO has 13 reviews ,she charged me 750 dollers and again took 3000 .

    Last month I met this lawyer and charged 750 dollars for consultation ,after consultation she told could apply for a fresh visa and will cost 6000 dollars .She also asked me to put 3000 to start the the process and also ask me to bring ...

    J’s Answer

    I agree with my colleague. You haven't actually asked a question. From what I can discern, you say that you paid your attorney $3,750 for a consultation and what amounted to a review of your documents/file. If that is correct, I suggest that you review your letter of engagement and discuss your concerns with your attorney. If you still cannot resole the matter, you may want to consult with another immigration attorney, seek to mediate the matter or as a last resort, file a complaint the Florida Bar. Good luck to you.

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  • Will I get my b1/b2 visitors US visa renewed if i have an open misdemeanor case in the US?

    I have an open case in the US, its a misdemeanor from about 3 years ago, i was charged and later the charges were dropped by the court, only one for simple assault remains, im not a US citizen, i was only travelling on a visitors visa, my visa run...

    J’s Answer

    Certain crimes, those involving moral turpitude would make you inadmissible (i.e., murder, manslaughter, rape, theft, bribery, forgery, aggravated battery, prostitution, and fraud.) A simple assault case may not be an issue, but it will depend on the facts of the case. If you want to resolve this matter, I suggest you consult with an immigration/criminal law attorney who can review the facts and advise you accordingly. And you are right, there are no guarantees.

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