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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: 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
Nina P. Chobu
answered on Oct 26, 2026
answered on Oct 26, 2026
As a U.S. citizen, you may generally file Form I-130 to petition for your wife as an immediate relative under INA § 201(b)(2)(A)(i). There is no numerical visa backlog for this category. This means your wife does not have to wait for an immigrant visa number to become available before applying for... View More
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Q: Is a Chinese conviction for assisting network crimes a CIMT, and any immigrant path with no U.S. sponsor?
Chinese citizen in China; never entered U.S.; no U.S. relatives, petitioner or sponsor. Sole 2025 China conviction: assisting information-network criminal activities (Art. 287bis, max 3 years); 8 months + fine, completed Sept 2025. No other record. Nov 2022-Jan 2025, knowing others used networks... View More
Lidice Samper
answered on Oct 26, 2026
answered on Oct 26, 2026
You have laid out the facts carefully, which makes an honest assessment possible. For a foreign conviction, officers generally compare the elements of the foreign statute with U.S. standards, and because Article 287bis requires knowingly assisting other people's crimes, and your conduct helped... 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
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