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Tennessee Immigration Law Questions & Answers
2 Answers | Asked in Appeals / Appellate Law, Constitutional Law, Criminal Law and Immigration Law for Tennessee on
Q: Can I appeal my criminal case for wrong last name on arrest warrant and ineffective counsel?

I was arrested and had my home searched under an arrest warrant that used my family's last name, which is different from my legal last name. My lawyer did not inform the court about this discrepancy and suggested I take a plea deal, which I accepted. Due to this, I received a shorter sentence,... View More

Anthony M. Avery
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answered on Feb 27, 2025

If you pled guilty it is almost impossible to set aside the conviction. Even if you did, you would have your indictment amended while you were in jail, then tried again for the charge. You can hire a lawyer to file a postconviction petition, but you will probably be deported before the... View More

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2 Answers | Asked in Immigration Law for Tennessee on
Q: Can my mother who's been an illegal immigrant for over 25 years be deported for filling a I-130?

My mother is an illegal immigrant from Nicaragua who's been here for over 25 years. She has a work permit but it expires in June. Months ago, my sister who's an citizenwho was 26 at the time filed an I-130 for her. My mother let her take charge of it but I don't believe they did it... View More

Kevin L Dixler
Kevin L Dixler
answered on Jan 26, 2025

She has a final order of removal with the Department of Justice, so ICE has the responsibility to execute the order. However, this will depend on Agency discretion and policies.

This means that DHS, as a whole, must decide what to do. Her petition and case are pending with two different... View More

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1 Answer | Asked in Adoption, Immigration Law and Family Law for Tennessee on
Q: can you adopt an American child, if your on a conditional green card status?

It's a conditional green card from a citizenship by investment application.

James L. Arrasmith
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answered on May 24, 2024

Yes, you can adopt an American child while on a conditional green card status. Your immigration status does not prevent you from adopting a child in the United States. However, you will need to meet all the state-specific requirements for adoption, which can vary significantly.

The adoption... View More

1 Answer | Asked in Employment Law and Immigration Law for Tennessee on
Q: My employer is asking me to pay for H1b filing fee. Is it legal to do so and will it affect my future in U.S.?

I joined employer 'X' in Aug 2022 on H1b (transferred from previous employer). My H1b got maxed out in Dec 2023 and I moved out of country, and my employer also stopped running my payroll since then. My PERM was filed in Apr 2023, which got approved recently and now my employer is asking... View More

James L. Arrasmith
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answered on May 14, 2024

It is generally not legal for an employer to ask an employee to pay for H-1B filing fees. The U.S. Department of Labor mandates that these fees should be borne by the employer, not the employee. Paying these fees yourself could potentially cause issues with compliance and affect your visa status.... View More

3 Answers | Asked in Immigration Law for Tennessee on
Q: If I, US citizen, get my foreigner wife pregnant, how would that affect the visa process?

I’m a US citizen and I’m planning on marrying my Fiancée. We also plan on getting pregnant as soon as we marry. How does that pregnancy affect the CR-1 visa process? Does it speed it up or slow it down? What would I need to prepare for in terms of documents for both my child and wife?

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answered on May 12, 2024

A pregnancy does not directly impact the speed of the CR-1 visa process for your spouse. The CR-1 visa, also known as the "spouse visa," allows the spouse of a U.S. citizen to enter the United States and receive a Green Card (permanent residency). The processing time for a CR-1 visa... View More

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1 Answer | Asked in Immigration Law for Tennessee on
Q: I currently have an EAD card through a pending i485 and i130 that expires in September. I’m switching to filing an i360

What category should I be filing my work permit under? Should it be a renewal (c9)?

James L. Arrasmith
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answered on May 6, 2024

Based on the information you provided, it seems you are currently holding an Employment Authorization Document (EAD) based on a pending I-485 (Adjustment of Status) and I-130 (Petition for Alien Relative). However, you are now planning to switch to filing an I-360 (Petition for Amerasian,... View More

1 Answer | Asked in Immigration Law for Tennessee on
Q: If a person has some csr complaints against him. If he get a foreign job, he will get police verification or not ?

Does it affect his foreign employment ? If a csr complaint against a person is pending he is eligible to move to a foreign country or not ?

James L. Arrasmith
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answered on May 6, 2024

If a person has some CSR (Customer Service Representative) complaints against them, it would generally not directly impact their ability to obtain foreign employment or move to a foreign country. CSR complaints are typically handled internally within a company and would not show up on a criminal... View More

2 Answers | Asked in Domestic Violence and Immigration Law for Tennessee on
Q: Does my 18-year old child need to file form i-360, in order to submit her adjustment of status package (1-485 & i-765)?

I am at the verge of filing a VAWA petition, based on repeated abuse suffered from my USC spouse. I intend to include my child (18-year old, single and lives in the U.S) as a derivative applicant on my i-360 petition, to enable him file both form i-485 and i-765 concurrently. Since I will be filing... View More

Ghenadie Rusu
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answered on Apr 6, 2024

The USCIS allow for the children of a principal applicant filing under VAWA to be included as derivative beneficiaries if they are unmarried and under 21 years of age. Therefore, your 18-year-old child can be included on your I-360 petition as a derivative beneficiary. No additional I-360 on his... View More

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2 Answers | Asked in Domestic Violence and Immigration Law for Tennessee on
Q: Does my 18-year old child need to file form i-360, in order to submit her adjustment of status package (1-485 & i-765)?

I am at the verge of filing a VAWA petition, based on repeated abuse suffered from my USC spouse. I intend to include my child (18-year old, single and lives in the U.S) as a derivative applicant on my i-360 petition, to enable him file both form i-485 and i-765 concurrently. Since I will be filing... View More

James L. Arrasmith
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answered on Apr 6, 2024

Based on the information you provided, if you are filing a VAWA (Violence Against Women Act) self-petition using Form I-360 as the abused spouse of a U.S. citizen, your 18-year-old child does not need to file a separate I-360 petition. As the principal applicant, you can include your child as a... View More

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1 Answer | Asked in Domestic Violence and Immigration Law for Tennessee on
Q: Can my child file forms i-485 & i-765 if she is a derivative on a VAWA petition that I am about to file.

I am desirous of including my child (18 years old, he lives in the United States) as a derivative of my VAWA petition due to abuse from my USC spouse. I will be filing concurrently forms i-765 and i-485 along with the form i-360. Can my child also file forms i-765 and i-485 concurrently as well,... View More

James L. Arrasmith
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answered on Mar 28, 2024

Yes, your child can indeed file forms I-485 (Application to Register Permanent Residence or Adjust Status) and I-765 (Application for Employment Authorization) as a derivative beneficiary of your Violence Against Women Act (VAWA) petition. When you file your Form I-360 (Petition for Amerasian,... View More

2 Answers | Asked in Immigration Law, Real Estate Law and Landlord - Tenant for Tennessee on
Q: A family friend signed a house loan for us now we want to sell the house but he wants 50% of the money.

I want to note i am not a legal citizen of the United States that is why our family friend offered to get us a house. We have lived in it for more than two years. We have had some problems with work and we decided one of our options was to move states. I let the friend know we were looking to sell... View More

Anthony M. Avery
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answered on Mar 7, 2024

You will have to hire a TN attorney now to sue for a Resulting Trust, Notice Lis Pendens, and a TRO in Chancery. A Bond will have to be made to stop the sale pending litigation. You will have to put on evidence of your payments. It will be difficult and expensive. Otherwise you lose... View More

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2 Answers | Asked in Immigration Law, Real Estate Law and Landlord - Tenant for Tennessee on
Q: A family friend signed a house loan for us now we want to sell the house but he wants 50% of the money.

I want to note i am not a legal citizen of the United States that is why our family friend offered to get us a house. We have lived in it for more than two years. We have had some problems with work and we decided one of our options was to move states. I let the friend know we were looking to sell... View More

James L. Arrasmith
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answered on Mar 7, 2024

I understand this is a difficult and stressful situation. Based on the information you've provided, here are a few important points to consider:

1. Legal ownership: If the house is legally under your friend's name, they are the legal owner of the property, even if you have made... View More

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2 Answers | Asked in Gov & Administrative Law and Immigration Law for Tennessee on
Q: How can I found work visa jobs for the state of Tennessee. Or even apply ?
James L. Arrasmith
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answered on Dec 4, 2023

Finding work visa jobs in Tennessee involves a few key steps. First, it's important to identify employers in Tennessee who are open to hiring international workers. Websites like LinkedIn, Glassdoor, and Indeed can be useful for job searches, allowing you to filter job postings by location and... View More

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1 Answer | Asked in Immigration Law for Tennessee on
Q: Concern about husband's potential deportation from Tennessee detention

I'm concerned about my husband's potential deportation. We are from Veracruz, and he has been detained, but I haven't received any official updates for over three months. Eight days ago, someone contacted me asking for my name, where I live, and my husband's intended destination... View More

James L. Arrasmith
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answered on Jul 4, 2025

You have the right to know where your husband is held and what proceedings he faces. Begin by gathering his full name, date of birth, and any alien registration number you possess.

Use that information to contact the ICE Online Detainee Locator System or call the nearest ICE Enforcement and... View More

1 Answer | Asked in Immigration Law, Divorce and Family Law for Tennessee on
Q: How to report suspected marriage fraud during divorce in Tennessee?

I believe my husband used me for marriage fraud to obtain a green card. We were married for six years, and he secretly filed the I-751 petition, received his green card, and then left me, blocking all communication and filing for divorce. I found the paperwork related to his green card process in... View More

James L. Arrasmith
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answered on Jun 29, 2025

You can report this by filing a fraud tip with USCIS’s Fraud Detection and National Security division. Gather copies of all paperwork—marriage certificate, divorce filings, the I-751 petition—and prepare a concise written statement detailing the timeline of events. Submit your tip by calling... View More

1 Answer | Asked in Immigration Law for Tennessee on
Q: Should I send my I-693 for a pending I-485 application in TN?

I filed concurrent green card applications in April 2024 without form I-693, as it was not mandatory at the time (it became mandatory in December 2024). Following a USCIS pronouncement on June 11, 2025, stating that new I-485 filings and pending applications without a medical report on file will be... View More

James L. Arrasmith
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answered on Jun 20, 2025

You should mail in your completed I-693 without waiting for a Request for Evidence. USCIS has now made it clear that pending I-485s lacking a valid medical exam on file will be denied, not held open. This change, as of June 11, 2025, shifts the burden to applicants to ensure their cases are... View More

1 Answer | Asked in Immigration Law and International Law for Tennessee on
Q: Stateless individual seeking to move to the USA for human rights issues.

I am currently stateless and live outside the USA. I want to move to the USA for human rights reasons. I haven't explored legal advice yet but I am planning to. What is the best way to start this process and what options are available for someone in my situation?

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answered on May 26, 2025

Your situation as a stateless individual presents unique challenges, but you do have pathways to seek protection in the United States through the asylum process. Stateless people can apply for asylum using Form I-589, Application for Asylum and Withholding of Removal, and you'll need to... View More

1 Answer | Asked in Immigration Law, Employment Law and Gov & Administrative Law for Tennessee on
Q: What are the recent changes in federal law regarding employer penalties for hiring illegal immigrants?

What are the recent changes in federal law regarding the penalties for employers who hire illegal immigrants?

James L. Arrasmith
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answered on May 12, 2025

The landscape for employers regarding immigration law enforcement has changed significantly in 2025. You need to be aware of these crucial updates to avoid serious consequences.

Federal law prohibits hiring undocumented immigrants, with penalties that have recently increased. As of January... View More

1 Answer | Asked in Immigration Law for Tennessee on
Q: What to do after Form I-751 denial and court appearance preparation?

I received a letter from the immigration office stating that my Form I-751 was denied, and my stay in the United States was terminated as of June 2023. There was no specific reason given for the denial. It's my first time facing such an issue, and I'm unsure about what steps to take next.... View More

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answered on Apr 24, 2025

I understand you're going through a difficult situation with your I-751 denial. This is undoubtedly stressful, but there are clear steps you can take now.

When your Form I-751 is denied, you cannot directly appeal this decision. Instead, the denial typically comes with a Notice to... View More

1 Answer | Asked in Immigration Law for Tennessee on
Q: Form I-751 denied; court appearance May 1st in Tennessee. Next steps?

I received a letter from DHS stating that my Form I-751 was denied, and I've been asked to appear before a judge on May 1st. I initially attended an interview in November 2023, but the officer told me to go home, as they hadn't received a necessary document from their head office. What... View More

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answered on Apr 21, 2025

Your Form I-751 denial has resulted in a scheduled court appearance, which is part of removal proceedings. Unlike some other immigration applications, there is no direct appeal process for I-751 denials; instead, the immigration court hearing serves as your opportunity to present your case anew... View More

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