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

3,447 total


  • I was served papers this past week on my home where I live. for back taxes that I still owe

    I have been making payments on my taxes my back taxes since March when I was informed of the error this past week I was served papers that that I was being taken to court the court date is set for June of 2016 which I was told would give me plenty...

    J’s Answer

    I agree with my colleague. You need legal assistance. Prepare a package with your payment records and other information related to your case and contact a tax attorney ASAP. If you act now, the attorney should have adequate time to review your case, advise you on how you should response and perhaps represent you in court. Good luck to you.

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  • How to show that you don't have immigrant intent?

    For F-1 students, what are good ways to show that I do not have any intentions of immigrating to the US at the interview? I am an only child, my parents own a house and company back in Spain. I will also be working in the Marketing department at m...

    J’s Answer

    As one applying for an F-1 visa, or any other visa for that matter, U.S. law presumes that you are an intending immigrant. You, therefore, must convince the consular officer that you are not intending to remain in the U.S. During your interview you will need to demonstrate that your reasons for returning to your home country are stronger than reasons you may have for staying in the United States.

    You should expect that the interviewing officer will inquire about your definite intentions. You will be asked about promises of future employment. You may be asked about your family and other relationships. You may be asked why you want to study in the U.S. and educational goals and objectives. You should expect to be asked about your past academic performance as well as your long-range plans and job prospects in your home country. Therefore, prepare by talking about these matters in a conversational tone.

    Preparation will help you to overcome your nervousness. Be prepared to provide short to the point answers. If you overstayed on a previous visit, be prepared to explain why. Generally speaking, don't volunteer additional information. Simply answer the question answered. You will do just fine.

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  • Can I apply EAD now if my husband's H1b visa is expiring in Jan 2016 and he has applied for visa extension or should I wait ?

    I am on H4 Visa and my husband is on H1b visa but his visa is expiring in Jan 2016. He has applied visa extension.I want to apply for EAD to work. So can I apply for EAD now or should I wait until the visa extension is approved ? If I file EAD now...

    J’s Answer

    You may apply now for an employment authorization document (EAD) since the visa extension has been filed. However, you cannot work until your application is approved and you receive an EAD.

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  • TPS denied

    My TPS was denied because of two class B misdemeanors - DUI and Minor Purchasing Alcohol, for last one received 5 suspended days & small fine, . 1) Is there any way I can get rid of a one of the misdemeanors 2) Will the denial tr...

    J’s Answer

    • Selected as best answer

    To determine whether you can "get rid of one of the misdemeanors" you should discuss you matter with a criminal defense lawyer. The fact that you have two misdemeanors was likely a major factor in the denial of your application. To have been convicted of any felony or two or more misdemeanors committed in the United States is a bar to being granter Temporary Protected Status (TPS). Whether the denial will trigger deportation is a question you should discuss with an immigration attorney who will examine the specifics of your situation.

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  • Wife Filed CH7 in AZ (Community Property) I was told my (husband) debts would be cover also.

    AT the advise of attorney only my wife Filed a CH7 in AZ (Community Property). The attorney included my communal debts and yet 2 years later I am still getting collection calls threats etc. I do not own any sole or separate property/assets outside...

    J’s Answer

    With respect to community property, all of the dischargeable claims get discharged as it relates to community property. So, none of the community property, that is also owned by the non-filing spouse, can be touched by the discharged creditors. However, if the non-filing spouse is liable on the debt, his or her separate property is fair game to the creditors. The benefit of the discharge to the non-filing spouse lasts as long as both spouses remain married.

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  • Getting half pension and 401K, can court take it if it goes in a retirement account during chapter 7 bankruptcy?

    Going through a divorce, have been separated for 2 plus years and wanting to finalize. But need to file chapter 7 bankruptcy. If I file for the divorce which would be finalized in 60 days and the bankruptcy is still pending what happens.

    J’s Answer

    Since Congress overhauled the bankruptcy laws in 2005, almost all ERISA qualified pension plan funds and retirement account funds are exempt from creditors. So, if you did file a Chapter 7 bankruptcy you could keep the funds. In almost all cases, the exemption amounts are unlimited.

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  • Held for shoplifting in IL Target store. No arrest done and no police called.

    the LP got me signed 180 dollars shoplifting agreement and told me not to enter for another one year. They told me i will be getting a letter from the corportate. The manager on the counter scanned the item and gave me and than held me for taking ...

    J’s Answer

    No, I wouldn't recommend paying "whatever they ask." Shoplifting is a crime involving moral turpitude. If you were to be convicted, it would affect your immigration status. It would have no effect on your credit score unless you are sued and the store got a judgment against you and you failed to pay it. The only connection to your SSN would be if an unpaid debt is reported to the credit bureau.

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  • H1B Petition transfer to new employer while old petition expired and got receipt only

    Hi My H1B petition with current employer got expired and applied for extension and got the receipt number. Meanwhile i have got offer from another company they would like to process my H1B transfer, here is my question. As i have not...

    J’s Answer

    Yes. As long as the new employer follows the proper procedures to file an H1B transfer visa application on your behalf. Valid H1B visa holders are able to change jobs at the moment the new employer files the new petition. However, the person must be in lawful status at the time of the new filing. The person must not have engaged in any unauthorized employment after their last being admitted lawfully. If you need clarification about your status you should consult with the company’s immigration attorney.

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  • This is an immigration and citizenship question: n-400 part 11 questions 6 and 7 - how do I answer if I filed taxes late?

    I have been a GC holder for 10 years and am now planning to file for citizenship. There were about 5 years when I didn't file taxes. By now, all the past years of my taxes have been filed and I am on a payment plan with the IRS for 2 of the 5 year...

    J’s Answer

    The question reads: "Have you ever not filed a Federal, State, or local tax return since you became a Permanent Resident?" Based on your fact patter, your response to this question would have to be "Yes".

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  • RFE on previous employer and current employer has RFE to prove maintenance status

    I joined a employer on July 2015 H1B transfer, i received RFE for employer A to provide vendor letter, during RFE i got a job offer joined company B with receipt # and now the company B received REF to provide evidence on maintenance status. REF ...

    J’s Answer

    Your employer's immigration attorney can provide this information to you.

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