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Tennessee Immigration Law Questions & Answers
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?

James L. Arrasmith
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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: 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

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

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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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

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...
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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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2 Answers | Asked in Immigration Law for Tennessee on
Q: Got married on a tourist visa. I had a previous J-1 that I didn't complete the 2-year home residency. Do I need a waiver

I am Brazilian and I am currently in the United States on a tourist visa (I entered on July 2, 2023), and after 90 days, I married a U.S. citizen (on October 4, 2023). We are in the process of filling out the green card forms, but a question has arisen. In 2021-2022, I came to the U.S. as a J-1... View More

James L. Arrasmith
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answered on Oct 22, 2023

If you were subject to the 2-year home residency requirement under the J-1 visa program, you are generally required to fulfill that obligation or obtain a waiver before adjusting status or obtaining another visa in the U.S. Marriage to a U.S. citizen does not automatically exempt you from this... View More

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1 Answer | Asked in Immigration Law for Tennessee on
Q: Hello I have a question. I applied for advance parole for two entries I only got one for a total of four months.

I requested 2 and a half months to do an internship in Guatemala and 2 weeks to visit my grandfathers grave in Mexico at I able to go from Guatemala to Mexico?

Kevin L Dixler
Kevin L Dixler
answered on Jul 20, 2023

It seems that the manner of this request was improper, so it had to be denied. There are two options. The option you presented to USCIS could only be done in a way that could approve each, separately.

This seems to have proven to be more expensive than necessary, but more information is...
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1 Answer | Asked in Civil Litigation, Criminal Law, Divorce and Immigration Law for Tennessee on
Q: Hello, if the husband discovered after his marriage that his wife deceived him and the law to come to America under the

America under the pretext of marrying him and divorcing five months after her arrival, what is the difference in the law or legislation in this matter?

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on May 26, 2023

Please finish your question since it got cut off

2 Answers | Asked in Criminal Law and Immigration Law for Tennessee on
Q: How can someone who has capius for probation, due to deportation, get reinstated after return to US from Ukraine?

Friend was deported in 2016 and was on probation in TN for criminal history. She has returned to the US as a refugee from the war, and is 8 months pregnant.

How can we get capius removed and probation reinstated, and extend her stay and attempt to gain permanent status?

James L. Arrasmith
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answered on Apr 23, 2023

If your friend was deported in 2016 and has a capias for probation, it is important for her to address this issue as soon as possible. Here are some steps she can take to try and resolve the issue:

Contact an attorney: It may be helpful to consult with an attorney who specializes in...
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3 Answers | Asked in Immigration Law for Tennessee on
Q: Is it legal to rent to illegal immigrants in Nashville tn.I know they tried to ban it once.

An can a landlord refuse them without any backlash legally?

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Apr 12, 2023

No person is illegal, their actions may be or have been. In the case of so-called "illegal immigrants," this action may be a one-time decision decades ago by someone in their family to cross a border, often bringing someone with them as a child when that child had no control over this. By... View More

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1 Answer | Asked in Immigration Law for Tennessee on
Q: I am waiting for my US passport. However, I would like to travel back to India urgently, can I use my Indian passport?

I was born in India and still have my valid Indian passport, however, I recently naturalized for the United States and am waiting for my US passport. Can I travel with my Indian passport whilst I wait?

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 6, 2023

You can certainly travel from the United States to India with your Indian Passport. However, the issue is whether you would have sufficient documents to safely return to the U.S.

Airlines often require that you furnish proof of legal status to board a flight to the United States. Although...
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1 Answer | Asked in Military Law, Immigration Law and Federal Crimes for Tennessee on
Q: Is desertion from US military considered to be grounds for extradition?

In case a person desert from the US military and moves to Canada or EU, will she be extradited back to the US? Does this kind of offence considered to be extraditable?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 13, 2022

It depends what other legal issues are involved. I strongly suggest a confidential legal consultation with an experienced attorney.

1 Answer | Asked in Immigration Law for Tennessee on
Q: I am looking to apply for a K1 visa. My fiancé is a 19 year old male from the Philippines. I am 48 years old.

My question is that we met on an adult website and within weeks we fell in love. I have went to the Philippines and met him in person along with his family. While I was there we got engaged. Is meeting on an adult website something that would red flag our K1 visa?

Stephen Arnold Black
Stephen Arnold Black
answered on Oct 2, 2022

A US citizen can sponsor a foreign national for a fiancée visa provided the two have met in person, two years prior to filing the K visa application. There would be no red flag because you met each other on the web. There may be a red flag because of the age difference, and thus your application... View More

1 Answer | Asked in Immigration Law for Tennessee on
Q: Employment gap in transition from F1 to Green Card through marriage; and should we be worried about temp. long distance?

In 2018, I came to the US under F1 for a Bachelor’s degree. In the same year, I started dating a citizen. I finished the program in 2021, but decided that degree was a professional mistake and started another one in a different field. At the same time, due to economic hardship, my girlfriend... View More

Yohan Zingile
Yohan Zingile
answered on Jul 22, 2022

A marriage based green card is not related to the employment issues. If you seek to get a visa or green card through employment this maybe different.

1 Answer | Asked in Immigration Law and Family Law for Tennessee on
Q: how much does it cost to get the help I need as us citizens for my wife to get her adjustment of states as a student

marriage green card

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 17, 2022

A US citizen can sponsor his wife who entered the country on a student visa, and thereby adjust status to get a green card. This is true even if your wife is currently out of status. Any lawyer from any state can represent both of you in this process. Some of us handle these types of cases on a... View More

1 Answer | Asked in Immigration Law for Tennessee on
Q: Will applying for a marriage green card make me lose my place getting a green card through my employer?

Hello, My wife is currently in the process of getting her green card through her employer and waiting for government's approval on her case. Her employer said it may take around 2 years for her to get it. I heard a marriage green card will speed up this process but will this make her lose her... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 10, 2022

Yes a marriage based green card application can still be filed during the pendency of an employment based green card application. A work permit can be issued within 5 months from the time the case is filed which will allow your wife to work for any employer. You should retain an immigration to... View More

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