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AOS Statute INA 245(a) Adjustment of Status Eligibility Requirements The applicant must have been: Inspected and admitted into the United States; or Inspected and paroled into the United States. The applicant must properly file an adjustment of status application. The applicant must be physically present in the United States. The applicant must be eligible to receive an immigrant visa. An immigrant visa must be immediately available when the applicant files the adjustment of status application. and at the time of final adjudication. The applicant must be admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief. The applicant must merit the favorable exercise of discretion. Exceptions to Being Admitted or Parole VAWA & INA 245i SIJS See INA 245(h)(1), which states that SIJ-based applicants are considered paroled into the United States for purposes of INA 245(a). Special immigrant juveniles (SIJ) and other special immigrants are not exempt from this requirement. However, statutory provisions expressly state that these special immigrants are considered paroled for adjustment eligibility purposes. Accordingly, the beneficiaries of approved SIJ petitions meet the inspected and admitted or inspected and paroled requirement, regardless of their manner of arrival in the United States. See INA 245(g), which holds that certain special immigrants, as defined under INA 101(a)(27)(k), are considered paroled into the United States for purposes of INA 245(a). Bars to Adjustment of Status |See bars to adjustment of status page. 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. ADMITTED OR PAROLED ADMISSION A noncitizen is admitted if the following conditions are met: A noncitizen who meets these two requirements is admitted, even if the person obtained the admission by fraud. Likewise, the noncitizen is admitted, even if the CBP officer performed a cursory inspection. As long as the noncitizen meets the procedural requirements for admission, the noncitizen meets the inspected and admitted requirement for adjustment of status. Any type of admission can meet the inspected and admitted requirement, which includes, but is not limited to, admission as a nonimmigrant, an immigrant, or a refugee. See INA 101(a)(13)(A) (“The terms ‘admission’ and ‘admitted’ mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.”). Legislative history does not elaborate on the meaning of “lawful.” Evidence of Admission An Arrival/Departure Record (Form I-94), including a replacement when appropriate, is the most common document evidencing a noncitizen’s admission. The following are other types of documentation that may be accepted as proof of admission into the United States: When inspected and admitted to the United States, the following nonimmigrants are exempt from the issuance of an Arrival/Departure Record: In these situations, an applicant should submit alternate evidence to prove his or her inspection and admission to the United States. This may include a Border Crossing Card, plane tickets evidencing travel to the United States, or other corroborating evidence. False Claim to Citizenship Cannot be an Admission/Inspection A noncitizen who gains admission to the U.S. upon a knowing false claim to U.S. citizenship cannot be deemed to have been inspected and admitted. See Matter of Pinzon (PDF), 26 I&N Dec. 189 (BIA 2013). Deferred Admission Deferred inspection is a form of parole. A noncitizen who is deferred inspection is paroled into the United States for the period of time necessary to complete the inspection. See 8 CFR 235.2(c). For more information on deferred inspection, see Subsection 3, Parole [7 USCIS-PM B.2(A)(3)]. PAROLE Conditional Parole Conditional parole is also known as release from custody. This is a separate and distinct process from parole and does not meet the “inspected and paroled” requirement for adjustment eligibility. Evidence of Parole Evidence of parole includes: When is Parole NOT Parole for Purposes of Adjustment of Status? Matter of Olty CABRERA-FERNANDEZ, 28 I&N Dec. 747 (BIA 2023) explained on page about INA §236(a)(2)(B) parole and adjustment of status. See also Form I-485 INA 236 PAROLE NOT ELIGIBLE FOR AOS Immigrant Visa Immediately Available at Time of Filing and at Time of Approval In general, an immigrant visa must be available before a noncitizen can apply for adjustment of status. An immigrant visa is always available to applicants seeking adjustment as immediate relatives. Visas are numerically limited for most other immigrant categories eligible to adjust; applicants in these numerically limited categories may need to wait until a visa is available before they can file an adjustment application. Furthermore, an immigrant visa must be available for issuance on the date USCIS approves any adjustment application. Dependents The spouse and children of certain family-based, employment-based, and Diversity Immigrant Visa adjustment applicants may also obtain LPR status through their relationship with the principal applicant. Because the spouse and children do not have an independent basis to adjust status apart from their relationship to the principal immigrant, they are “dependents” of the principal for purpose of eligibility for adjustment of status. Dependents do not have their own underlying immigrant petition and may only adjust based on the principal’s adjustment of status. In general, dependent applicants must have the requisite relationship to the principal both at the time of filing the adjustment application and at the time of final adjudication. ASYLUM ADJUSTMENT OF STATUS An asylee whose adjustment application is based on his or her asylee status adjusts under INA 209(b). An asylee, however, may seek to adjust under INA 245(a) if the asylee prefers to adjust on a basis other than the asylee’s status. This may arise in cases where, for example, an asylee marries a U.S. citizen
As the Board explained in its decision in Matter of Castillo-Padilla, 25 I&N Dec. 257, 258–63 (BIA 2010), a release on conditional parole under section 236(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. § 1226(a)(2)(B) (2018)) is legally distinct from humanitarian parole under INA §212(d)(5). In the 2023 decision, Matter of Cabrera Fernandez, 28 I&N Dec. 747 (BIA 2023), the Board took that further and confirmed that conditional parole under INA §236(a)(2)(B) is not a parole for purposes of adjustment of status. INA 236(a)(2)(B) Parole does not count as a parole for purposes of Adjustment of Status MATTER OF CABRERA-FERNANDEZ Matter of Olty CABRERA-FERNANDEZ, 28 I&N Dec. 747 (BIA 2023) (1) Release on conditional parole under section 236(a)(2)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1226(a)(2)(B) (2018), is legally distinct from release on humanitarian parole under section 212(d)(5)(A) of the INA, 8 U.S.C. § 1182(d)(5)(A) (2018). Matter of Castillo-Padilla, 25 I&N Dec. 257, 258–63 (BIA 2010), followed. (2) Applicants for admission who are released on conditional parole rather than humanitarian parole have not been “inspected and admitted or paroled,” and accordingly are not eligible for adjustment of status under the Cuban Refugee Adjustment Act of November 2, 1966, Pub. L. No. 89-732, 80 Stat. 1161, as amended.
ADJUSTMENT OF STATUS ELIGIBILITY REQUIREMENTS The applicant must have been: 1. Inspected and Admitted or Inspected and Paroled SIJs are not exempt from the general adjustment requirement that applicants be inspected and admitted or inspected and paroled. However, the INA expressly states that SIJs are considered paroled into the United States for purposes of adjustment under INA 245(a). Accordingly, the beneficiary of an approved SIJ petition is treated for purposes of the adjustment application as if the beneficiary has been paroled, regardless of the beneficiary’s manner of arrival in the United States. 2. Eligibility to Receive an Immigrant Visa An applicant must be eligible to receive an immigrant visa to adjust status. An adjustment applicant typically establishes eligibility for an immigrant visa through an approved immigrant petition. An SIJ can establish eligibility for an immigrant visa by obtaining classification from USCIS by filing an SIJ-based Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) (SIJ petition). Therefore, in order for an SIJ-based adjustment applicant to be eligible to receive an immigrant visa, he or she must be one of the following: The SIJ petition should already be adjudicated and approved when the officer adjudicates the adjustment application. USCIS does not re-adjudicate the SIJ petition at the time of the adjudication of the adjustment application but the officer will ensure that the applicant remains classified as a special immigrant juvenile and thus is eligible to adjust based on that petition. Revocation of Approved Petition USCIS may revoke an approved SIJ petition upon notice for what it deems to be good and sufficient cause, such as, if the record contains evidence or information that materially conflicts with the evidence or information that was the basis for petitioner’s eligibility for SIJ classification. Automatic Revocation of Approved Petition USCIS automatically revokes an approved SIJ petition, as of the date of approval, if any one of the circumstances below occurs before a decision on the adjustment application is issued: 3. Bars to Adjustment An applicant classified as an SIJ is barred from adjustment if deportable due to engagement in terrorist activity or association with terrorist organizations. There is no waiver of or exemption to this adjustment bar if it applies. Therefore, if the terrorist-related bar to adjustment applies, an SIJ is ineligible for adjustment of status. 4. Admissibility and Waiver Requirements An applicant who is inadmissible to the United States may only obtain LPR status only after obtaining a waiver or other form of relief, if available. SIJS Applicants for adjustment are exempt from several grounds of inadmissibility and do not require a waiver for those grounds. Inadmissibility Grounds that Do Not Apply to Special Immigrant Juveniles INA 212(a)(4) Public Charge INA 212(a)(5)(A) Labor Certification INA 212(a)(6)(A) Present without admission or parole INA 212(a)(6)(C) Misrepresentation INA 212(a)(6)(D) Stowaways INA 212(a)(7)(A) Documentation Requirements for Immigrants INA 212(a)(9)(B) Unlawful Presence Inadmissibility Grounds that Apply to Special Immigrant Juveniles INA 212(a)(1) Health-Related INA 212(a)(2) Crime-Related INA 212(a)(3) Security-Related INA 212(a)(6)(B) Failure to Attend Removal Proceedings INA 212(a)(6)(E) Smugglers INA 212(a)(6)(F) Subject of Civil Penalty INA 212(a)(6)(G) Student Visa Abusers INA 212(a)(8) Ineligibility for Citizenship INA 212(a)(9)(A) Certain Aliens Previously Removed INA 212(a)(9)(C) Aliens Unlawfully Present After Previous Immigration Violations INA 212(a)(10) Practicing Polygamists, Guardians Required to Accompany Helpless Persons, International Child Abductors, Unlawful Voters, and Former Citizens who Renounced Citizenship to Avoid Taxation An applicant found inadmissible based on any of the above applicable grounds may be eligible for an SIJ-specific waiver of these inadmissibility grounds for: Inadmissibility Grounds that Cannot Be Waived INA 212(a)(2)(A) Conviction of Certain Crimes INA 212(a)(2)(B) Multiple Criminal Convictions INA 212(a)(2)(C) Controlled Substance Traffickers INA 212(a)(3)(A) Security and Related Grounds INA 212(a)(3)(B) Terrorist Activities INA 212(a)(3)(C) Foreign Policy Related INA 212(a)(3)(E) Participants in Nazi Persecution, Genocide, or the Commission of Any Act of Torture or Extrajudicial Killing Documentation and Evidence An applicant should submit the following documentation to adjust status as an SIJ: AUTHORITY INA §245(h) [link] Application with respect to special immigrants In applying this section to a special immigrant described in section 1101(a)(27)(J) of this title- (1) such an immigrant shall be deemed, for purposes of subsection (a), to have been paroled into the United States; and (2) in determining the alien’s admissibility as an immigrant- (A) paragraphs (4), (5)(A), (6)(A), (6)(C), (6)(D), (7)(A), and (9)(B) of section 1182(a) of this title shall not apply; and (B) the Attorney General may waive other paragraphs of section 1182(a) of this title (other than paragraphs (2)(A), (2)(B), (2)(C) (except for so much of such paragraph as related to a single offense of simple possession of 30 grams or less of marijuana), (3)(A), (3)(B), (3)(C), and (3)(E)) in the case of individual aliens for humanitarian purposes, family unity, or when it is otherwise in the public interest. The relationship between an alien and the alien’s natural parents or prior adoptive parents shall not be considered a factor in making a waiver under paragraph (2)(B). Nothing in this subsection or section 1101(a)(27)(J) of this title shall be construed as authorizing an alien to apply for admission or be admitted to the United States in order to obtain special immigrant status described in such section. 8 CFR 245.1(e)(3) [link] Special immigrant juveniles — (i) Eligibility for adjustment of status. For the limited purpose of meeting one of the eligibility requirements for adjustment of status under section 245(a) of the Act, which requires that an individual be inspected and admitted or paroled, an applicant classified as a special immigrant juvenile under section 101(a)(27)(J) of the Act will be deemed to have been paroled into the United States as provided in § 245.1(a) and section 245(h) of the Act. (ii) Bars to adjustment. An applicant classified as a special immigrant juvenile is subject only to the adjustment bar described in section 245(c)(6) of the Act. Therefore, an applicant classified as a special immigrant juvenile is barred from adjustment if deportable due to engagement in terrorist activity or association with terrorist organizations (section 237(a)(4)(B) of the Act). There is no waiver of or exemption to this adjustment bar if
If you file Form I-485, Application to Register Permanent Residence or Adjust Status, you typically must undergo an immigration medical examination and receive vaccinations against vaccine-preventable diseases. The examination must be done by a doctor who is designated by U.S. Citizenship and Immigration Services. USCIS designates certain doctors (known as civil surgeons) to perform the immigration medical examination required for most green card applicants. The civil surgeon that conducts your medical examination and review of your vaccination records will then prepare a Form I-693 which will serve as evidence of your compliance with this requirement. A NEW USCIS POLICY requires that an applicant for permanent residency submit a completed Form I-693 WITH their Form I-485 application for adjustment of status or the application will be rejected. WHO CAN PERFORM AN IMMIGRATION MEDICAL EXAMINATION AND COMPLETE THE FORM I-693? Immigration medical examinations conducted inside the United States must be performed by a civil surgeon who has been designated by USCIS. (Immigration medical examinations conducted outside the United States must be performed by a panel physician who is authorized by the Department of State.). For more information on immigration medical examination, see Form I-693, Report of Medial Examination and Vaccination Record and USCIS Policy Manual Guidance on Health- Related Grounds of Inadmissibility. HOW CAN I FIND A CIVIL SURGEON IN MY AREA to PERFORM THE MEDICAL EXAMINATION AND COMLETE THE FORM I-693? USCIS has a excellent tool on their website which allows you to search for civil surgeons by location and language spoken, so you can find a designated civil surgeon to complete your medical examination who is not only close to you but speaks your language. Further, you can narrow your search down by gender. This is a really great feature they added as it makes the unpleasant task of going to the doctor much more comfortable when you can pick a doctor in your neighborhood who you can communicate with easily…it’s a trip to the amusement park but it makes the process less uncomfortable. To find a designate civil surgeon in your area use the tool on the top of this webpage. What Exactly is the Examination? The immigration medical examination entails a review of your medical history and a physical examination. The civil surgeon will review your medical history and then perform a basic physical examination. As part of the physical examination the civil surgeon will test for communicable diseases such as tuberculosis, syphilis, and gonorrhea, depending on age, as required by the Centers for Disease Control and Prevention (CDC). After the immigration medical examination, the civil surgeon will complete the Form I-693 and seal the form in an envelope for you to submit to USCIS. They usually stamp the envelope across the fold to ensure the seal is not broken before it is submitted to USCIS. Be careful with the sealed envelope and before you leave the office ensure that it is completely sealed shut. USCIS will not accept the form if the envelope has been opened or altered. It is strongly recommended that you ask the civil surgeon for an extra copy of the completed Form I-693 for your personal records before the civil surgeon seals the original in the envelope. You can review that copy prior to submitting the sealed envelope, so if you notice the civil surgeon made any mistakes (spelling of your name, date of birth, etc.) you can go have it corrected so it will not delay your application. You can find all the details about the Form I-693 on the USCIS website at uscis.gov/i-693. WHAT TO BRING TO YOUR EXAMINATION Bring the following to your medical examination: Vaccination Requirements These Questions and Answers provide basic information about the general vaccination requirements for immigrants (this page does not address the vaccination assessments conducted by panel physicians overseas). For refugees applying for adjustment of status, health department physicians may complete only the vaccination record portion of Form I-693, Report of Medical Examination and Vaccination Record, as blanket-designated civil surgeons. WHAT VACCINATIONS AM I REQUIRED TO GET? Under the immigration laws of the United States, a noncitizen who applies for an immigrant visa abroad, or who seeks to adjust status to that of a lawful permanent resident while in the United States, is required to receive vaccinations to prevent the following diseases: NOTE: If a noncitizen applies for an immigrant visa abroad, that individual has to undergo an immigration medical examination conducted by a panel physician authorized by the U.S. Department of State (DOS). CDC issues separate instructions to panel physicians designated by DOS to conduct immigration medical examinations abroad. For more information about panel physicians, please consult CDC’s and DOS’s websites: Technical Instructions for Panel Physicians | CDC & Medical Examinations FAQs (state.gov). CDC publishes the vaccination requirements and immigration medical examination instructions (including a detailed table listing all required vaccines) at www.cdc.gov/immigrant-refugee-health/hcp/civil-surgeons/index.html. WILL IMMIGRATION FORCE ME TO GET ALL OF THESE VACCINATIONS? No. No Government agency will force you to get any vaccinations. It is your decision whether or not you wish to get vaccinated, however, should you choose not to get the required vaccinations then you will not be admitted to the US as a legal permanent resident–your application will be denied. HOW CAN MY APPLICATION BE DENIED BECAUSE OF VACCINATION RECORDS? Under the Immigration and Nationality Act (INA) section 212(a)(1)(A)(ii), a noncitizen who seeks admission as an immigrant or who seeks adjustment of status to that of a lawful permanent resident, who fails to show proof that they were vaccinated against vaccine-preventable diseases, is inadmissible and therefore ineligible for admission or adjustment of status. LEGAL AUTHORITY FOR IMMIGRATION VACCINATION REQUIREMENTS The legal foundation for this authority is found in Title 8: Aliens and Nationality and Title 42: The Public Health and Welfare of the U.S. Code (USC), and relevant supporting regulations at Title 42 Public Health in the Code of Federal Regulations (CFR). Title 8 of the U.S. Code: Aliens and Nationality Title 42 of the U.S. Code: The Public Health and Welfare Title 42 of the
Conditional Parole Conditional parole is also known as release from custody. This is a separate and distinct process from parole and does not meet the “inspected and paroled” requirement for adjustment eligibility. Evidence of Parole Evidence of parole includes: Special Immigrant Juvenile Status (SIJS) Parole INA § 245(h) states “a special immigrant described in section 1101(a)(27)(J) of this title…such an immigrant shall be deemed, for purposes of subsection (a) [adjustment of status], to have been paroled into the United States.” The Regulations at 8 C.F.R. § 1245.1(a) goes farther, noting that regardless of how they entered the United States, a young person designated a special immigrant juvenile has been paroled: such a person is “deemed, for the purpose of applying the adjustment of status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States” (emphasis added). A Respondent cannot be found inadmissible or removable for being present in the United States without having been paroled when, under the law, he has been deemed to have been paroled. So this would serve as grounds for a motion to terminate removal proceedings if the the respondent is being charged only as inadmissible INA § 212(a)(6)(A)(i). INA §245(h) (h) Application with respect to special immigrants In applying this section to a special immigrant described in section 1101(a)(27)(J) of this title- (1) such an immigrant shall be deemed, for purposes of subsection (a), to have been paroled into the United States; and (2) in determining the alien’s admissibility as an immigrant- (A) paragraphs (4), (5)(A), (6)(A), (6)(C), (6)(D), (7)(A), and (9)(B) of section 1182(a) of this title shall not apply; and (B) the Attorney General may waive other paragraphs of section 1182(a) of this title (other than paragraphs (2)(A), (2)(B), (2)(C) (except for so much of such paragraph as related to a single offense of simple possession of 30 grams or less of marijuana), (3)(A), (3)(B), (3)(C), and (3)(E)) in the case of individual aliens for humanitarian purposes, family unity, or when it is otherwise in the public interest. INA § 245(h) is clear and unambiguous, as “a special immigrant described in section 1101(a)(27)(J) of this title…such an immigrant shall be deemed, for purposes of subsection (a) [adjustment of status], to have been paroled into the United States.” The Regulations at 8 C.F.R. § 1245.1(a) goes farther, noting that regardless of how they entered the United States, a young person designated a special immigrant juvenile has been paroled: such a person is “deemed, for the purpose of applying the adjustment of status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States” (emphasis added). The Respondent cannot be found inadmissible or removable for being present in the United States without having been paroled when, under the law, he has been deemed to have been paroled. 8 USC § 1101(a)(27)(J) (J) an immigrant who is present in the United States— **(i)**who has been declared dependent on a juvenile court located in the United States or whom such a court has legally committed to, or placed under the custody of, an agency or department of a State, or an individual or entity appointed by a State or juvenile court located in the United States, and whose reunification with 1 or both of the immigrant’s parents is not viable due to abuse, neglect, abandonment, or a similar basis found under State law; **(ii)**for whom it has been determined in administrative or judicial proceedings that it would not be in the alien’s best interest to be returned to the alien’s or parent’s previous country of nationality or country of last habitual residence; and (iii) in whose case the Secretary of Homeland Security consents to the grant of special immigrant juvenile status, except that— **(I)**no juvenile court has jurisdiction to determine the custody status or placement of an alien in the custody of the Secretary of Health and Human Services unless the Secretary of Health and Human Services specifically consents to such jurisdiction; and **(II)**no natural parent or prior adoptive parent of any alien provided special immigrant status under this subparagraph shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; When is Parole NOT Parole for Purposes of Adjustment of Status? See **Matter of Olty CABRERA-FERNANDEZ, 28 I&N Dec. 747 (BIA 2023);** MATTER OF CABRERA FERNANDEZ (1) Release on conditional parole under section 236(a)(2)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1226(a)(2)(B) (2018), is legally distinct from release on humanitarian parole under section 212(d)(5)(A) of the INA, 8 U.S.C. § 1182(d)(5)(A) (2018). Matter of Castillo-Padilla, 25 I&N Dec. 257, 258–63 (BIA 2010), followed. (2) Applicants for admission who are released on conditional parole rather than humanitarian parole have not been “inspected and admitted or paroled,” and accordingly are not eligible for adjustment of status under the Cuban Refugee Adjustment Act of November 2, 1966, Pub. L. No. 89-732, 80 Stat. 1161, as amended.
ADMISSION A noncitizen is admitted if the following conditions are met: A noncitizen who meets these two requirements is admitted, even if the person obtained the admission by fraud. Likewise, the noncitizen is admitted, even if the CBP officer performed a cursory inspection. As long as the noncitizen meets the procedural requirements for admission, the noncitizen meets the inspected and admitted requirement for adjustment of status. Any type of admission can meet the inspected and admitted requirement, which includes, but is not limited to, admission as a nonimmigrant, an immigrant, or a refugee. See INA 101(a)(13)(A) (“The terms ‘admission’ and ‘admitted’ mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.”). Legislative history does not elaborate on the meaning of “lawful.” Evidence of Admission An Arrival/Departure Record (Form I-94), including a replacement when appropriate, is the most common document evidencing a noncitizen’s admission. The following are other types of documentation that may be accepted as proof of admission into the United States: When inspected and admitted to the United States, the following nonimmigrants are exempt from the issuance of an Arrival/Departure Record: False Claim to Citizenship Cannot be an Admission/Inspection A noncitizen who gains admission to the U.S. upon a knowing false claim to U.S. citizenship cannot be deemed to have been inspected and admitted. See Matter of Pinzon (PDF), 26 I&N Dec. 189 (BIA 2013). Deferred Admission Deferred inspection is a form of parole. A noncitizen who is deferred inspection is paroled into the United States for the period of time necessary to complete the inspection. See 8 CFR 235.2(c). For more information on deferred inspection, see Subsection 3, Parole [7 USCIS-PM B.2(A)(3)].
Bars to Adjustment of Status Noncitizen INASection Entries and Periods of Stay to Consider Exemptfrom 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 applicantsImmediate relativesCertain special immigrants245(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 applicantsImmediate 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 applicantsImmediate relatives and other family-based applicantsSpecial immigrant juveniles245(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 applicantsImmediate relativesCertain special immigrants245(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.
Exceptions to Being Admitted or Parole VAWA & INA 245i SIJS See INA 245(h)(1), which states that SIJ-based applicants are considered paroled into the United States for purposes of INA 245(a). Special immigrant juveniles (SIJ) and other special immigrants are not exempt from this requirement. However, statutory provisions expressly state that these special immigrants are considered paroled for adjustment eligibility purposes. Accordingly, the beneficiaries of approved SIJ petitions meet the inspected and admitted or inspected and paroled requirement, regardless of their manner of arrival in the United States. See INA 245(g), which holds that certain special immigrants, as defined under INA 101(a)(27)(k), are considered paroled into the United States for purposes of INA 245(a).
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