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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: 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
Kyle M. Kinzy
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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
Hello, my name is Kyle Kinzy and I have been practicing immigration law for more than 25 years. Building a second path while the I-751 is pending is a sensible precaution, and one big question is whether the EB-2 route would finish before your marriage-based case does.
An EB-2 green card is... 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
Kyle M. Kinzy
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2026
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2026
Hello, my name is Kyle Kinzy and I have been practicing immigration law for more than 25 years. Sorting this out before filing, rather than at the interview, is the better approach, but more importantly we should determine whether your green card was lawfully obtained, because that is what... 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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