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J. Thomas Smith

J. Smith’s Answers

3,346 total


  • Is thef by a CIMT for immigration

    i was convicted of theft by check 20-500 in 2008, i have been reading a lot about the immigration law lately since i need to renew my greencard,recently i came across a Florida case (matter of butler-BIA July 26 2013) on which the IJ and BIA affir...

    J.’s Answer

    I agree with my colleagues. The state and the statute will are most important here. I encourage you to consult with an Immigration Attorney before you submit your renewal package. Good luck to you.

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  • I am in tarrant county I was force by my attorney and mediator to sign off on a child visitation and child support agreement how

    Ever the father of my kids owe 34,000 back child support the mediator told me that the judge wouldn't make him.pay that so she drop it 3750 back I felt that was wrong so I told her I disagree but I sign the order cause she force me pressure now I ...

    J.’s Answer

    I agree with my colleague. No one can force you to sign a mediation agreement. Though one may not be completely happy with the agreement, the mediator is "the voice of reason" who, based on experience, your desires and the law, provides guidance on what is reasonable.

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  • Apllying for B1/B2 visa with expired green card

    Hi, My uncle have an expired green card, he wants to come to the US for medical treatment under B1/B2 visa. Will it be a problem to apply in this case? He doesn't remember his social security nor his tax ID so he answered no in his DS-160 Form an...

    J.’s Answer

    I agree with my colleagues. From the information you provided, it should not be a problem as long as he would be entering for the purpose he put on the application with no intent to remain in U.S.

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  • Problem with dept of labor. found out using somebody SSS no. to work. (Labor law. Dept of Homeland security. Immigration law)

    but never reach or caught. They call the phone but failed to answer. then realize that it was from dept of labor hot line (answering machine). The dept of labor filed charge on workplace and paid $15 K fine. That was the supervisor said. Now not ...

    J.’s Answer

    I agree with my colleague. However, I would also advise you to consult with an experienced immigration attorney who might be able to assist you in getting the information you seek.. Good luck to you.

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  • Employer based Green card processing -impact where company divides in 2 section and one is taken over & other remains as company

    I m in comp. A and it has Child B company . currently i m working through B but my payroll, H1 Visa and GC process is under comp A as i used be in A. Comp A is taken over by new comp. so my H1 is being transferred to B.what r my option to keep m...

    J.’s Answer

    I agree with my colleagues. Do consult with your employers immigration attorney.

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  • Can we maintain legal permanent residence state by reentering U.S. for short term and then leave again for a few more months?

    My wife is currently outside U.S. for 5 months and she needs to stay for a while longer for family emergency. To maintain legal permanent residence state, can she reenter U.S. for a short time period (say a few weeks), and then leave again for a f...

    J.’s Answer

    I agree with my colleagues. She may do that, but the LPR status requires that the majority of one's time be spent as a resident of the U.S. If she has been out of the country for five months, she returns for two months and then leaves for 5 more months will undoubtedly raise questions.

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  • My green card expired so i applied for a SB1 visa while I was in China. Do I now file an I-90 to get my green card?

    When i got my SB-1 visa, shouldn't USCIS return my green card? Or must I file an I-90 visa?

    J.’s Answer

    I agree with my colleague. The updated information will come through the mail.

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  • Do we have any news on CSPA case after Dec 10' 2013 ? Do you think it can come this month ?

    Child Status Protection Act.

    J.’s Answer

    I agree with my colleague. If you do not get a decision within the next 2 months, consult with your immigration attorney.

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  • Approved but revoked petition from Emp A with Transfer Reciept from Emp B and Premium processing H1B COE filed with Emp C.

    Hello, I had approved H1B petition from Emp A expiring in June 2016. After approval, I joined Emp B and started working for Emp B on receipt notice on July 2013. We got RFE on Jan, 2014 and replied it in April 14, 2014. In a meanwhi...

    J.’s Answer

    I agree with my colleague. Do consult with an experienced immigration attorney.

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  • How do I prove that I will not be a burden to the state and do I need to prove it in the first place?

    I have an approved I360, filed under VAWA and my adjustment interview is coming up next month. It says on the interview letter that I am exempt from bringing info of the IRS, income, etc. if I am self-petitioned. So, do I need to bring financial i...

    J.’s Answer

    I agree with my colleagues. Do consult with an experienced immigration attorney.

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