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Q: Is it legal to fire a mentally disabled employee without understanding warnings?
My cousin, who has a visible mental disability, was recently fired from her job in Massachusetts where she had worked for 20 years. Her employer gave her warnings about missing work due to illness, but the warnings were only communicated directly to her, and she might not have understood them due... View More 
Lidice Samper
answered on Oct 26, 2026
answered on Oct 26, 2026
Twenty years with the same employer and a firing tied to illness related absences raise real questions. Massachusetts law under Chapter 151B and the federal ADA prohibit firing someone because of a disability and require employers to provide reasonable accommodations, which can include adjusted... View More
Q: Should I file Form I-130 for my non-citizen wife who has maintained legal status for over two years?
I am an American citizen, and my wife is a legal non-citizen residing in the United States for over two years, during which she has maintained her legal status. We are considering filing a family petition using Form I-130. Should we proceed with this process, and are there specific considerations... View More
Lidice Samper
answered on Oct 26, 2026
answered on Oct 26, 2026
It is a good idea to plan this filing rather than rush it, even with her status in good order. As a U.S. citizen, you can file Form I-130 for your wife as an immediate relative, with no visa backlog, and because she is in the U.S. in lawful status, she can usually file Form I-485 at the same time... View More
Q: Can a conditional green card holder obtain an EB-2 visa through consular processing?
I am a Bangladeshi citizen and a conditional U.S. permanent resident through marriage, with my green card issued in April 2024. My jointly filed I-751 has been pending since February 2026. I hold a master's degree in Mechanical Engineering with experience in the semiconductor industry and am... View More
Lidice Samper
answered on Oct 26, 2026
answered on Oct 26, 2026
An independent path is a smart thing to explore while your I-751 is pending. A conditional resident can generally pursue a new basis for permanent residence through an approved I-140, and USCIS has long allowed a conditional resident to adjust status inside the United States on a new basis without... View More
Q: Does failing to report reduced OPT hours affect N-400 eligibility?
In 2021, while on F-1 Post-Completion OPT, I worked for an NGO. Initially, it was 20 hours per week as reported to my DSO. However, my hours dropped to approximately 8 hours per week, and I did not report this reduction to my DSO or SEVP. I adjusted my status via marriage to a US citizen and my... View More
Lidice Samper
answered on Oct 26, 2026
answered on Oct 26, 2026
It is good that you are thinking about this before you file rather than at the interview. For naturalization, USCIS confirms that you were lawfully admitted for permanent residence, and an officer can look back at past status issues to do that. Two points help you here. SEVP guidance during the... View More
Q: Is CSRS pension exempt from the means test in Chapter 7 bankruptcy in Maryland?
Is my CSRS pension exempt from the means test when filing for Chapter 7 bankruptcy in Maryland?
Brian V. Lee
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answered on Oct 26, 2026
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2026
Short answer: No, your CSRS pension counts as income on the Chapter 7 means test. But that doesn't mean you fail the test, and it doesn't mean the trustee can touch the pension itself.
The means test starts with your "current monthly income." That's your average... View More
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