Bars to Adjustment of Status

Noncitizen	INA Section	Entries and Periods of Stay to Consider	Exempt from Bar
Crewman	245(c)(1)	Only most recent permission to land, or admission prior to filing for adjustment	VAWA-based applicants
In Unlawful Immigration Status on the Date the Adjustment Application is Filed OR Who Failed to Continuously Maintain Lawful Status Since Entry into United States OR Who Continues in, or Accepts, Unauthorized Employment Prior to Filing for Adjustment	245(c)(2)	All entries and time periods spent in the United States (departure and return does not remove the ineligibility)	VAWA-based applicants Immediate relatives Certain special immigrants 245(k) eligible
Admitted in Transit Without a Visa (TWOV)	245(c)(3)	Only most recent admission prior to filing for adjustment	VAWA-based applicants
Admitted as a Nonimmigrant Without a Visa under a Visa Waiver Program	245(c)(4)	Only most recent admission prior to filing for adjustment	VAWA-based applicants Immediate relatives
Admitted as Witness or Informant	245(c)(5)	Only most recent admission prior to filing for adjustment	VAWA-based applicants
Who is Deportable Due to Involvement in Terrorist Activity or Group	245(c)(6)	All entries and time periods spent in the United States	VAWA-based applicant
Seeking Adjustment in an Employment-based Immigrant Category and Not in a Lawful Nonimmigrant Status	245(c)(7)	Only most recent admission prior to filing for adjustment	VAWA-based applicants Immediate relatives and other family-based applicants Special immigrant juveniles 245(k) eligible
Who has Otherwise Violated the Terms of a Nonimmigrant Visa OR Who has Ever Engaged in Unauthorized Employment	245(c)(8)	All entries and time periods spent in the United States (departure and return does not remove the ineligibility)	VAWA-based applicants Immediate relatives Certain special immigrants 245(k) eligible

EXEMPTIONS FROM BARS TO ADJUSTMENT

Congress has provided relief from particular adjustment bars to certain categories of immigrants such as VAWA-based adjustment applicants, immediate relatives, and designated special immigrants.

Furthermore, INA 245(k) exempts eligible applicants under the employment-based 1st, 2nd, 3rd and certain 4th preference categories from the INA 245(c)(2), INA 245(c)(7), and INA 245(c)(8) bars. Specifically, an eligible employment-based adjustment applicant may qualify for this exemption if the applicant failed to maintain a lawful status, engaged in unauthorized employment, or violated the terms of his or her nonimmigrant status (admission under a nonimmigrant visa) for 180 days or less since his or her most recent lawful admission.

See also exceptions for being admitted or paroled.