Immigration Law Wiki
Table of Contents
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Basic Information
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Immigration Court
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Permanent Residency
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Nonimmigrant Visas
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Other Visas
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Citizenship
- Citizenship Interview Resources
- How to Check Your Selective Service Registration
- N-400 FILING FEE, FEE WAIVER, OR FEE REDUCTION REQUEST
- N-400, Application for Naturalization
- Preparing for Civics Examination for Naturalization
- USCIS Provides Policy Update Regarding Acquisition of Citizenship Provisions
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FAQs
- Can I Travel Once My U Visa is Approved?
- DACA
- Family Reunification Parole Processes (FRPP)
- Family Reunification Parole Processes (FRPP)
- Hiring A Noncitizen to Work in the U.S.
- How to Check Your Selective Service Registration
- How to Get a Taxpayer Identification Number
- How to Pay USCIS Filing Fee With a Credit Card
- How To Write A Cover Letter To USCIS
- I-864, Affidavit of Support
- ICE Check-In
- Right to be Put Into Removal Proceedings to Seek Relief
- Tax Identification Number (TIN)
- What If I Missed My Hearing?
- Who is a "child" for Immigration Purposes?
- Show More (3) Collapse
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Guides
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Asylum
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USCIS
- 2024 HHS Poverty Guidelines
- Asylee Petition for Spouse and/or Child, Form I-730
- Class of Admission Codes
- Family Reunification Parole Processes (FRPP)
- How to Pay USCIS Filing Fee With a Credit Card
- How To Write A Cover Letter To USCIS
- I-864, Affidavit of Support
- Immigration Medical Examination and Vaccination Record
- N-400 FILING FEE, FEE WAIVER, OR FEE REDUCTION REQUEST
- PAROLE-IN-PLACE FOR SPOUES OF US CITIZENS
- VAWA
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Reference
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Criminal Consequences
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Immigrant Visas
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Visa Waivers
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Conditional Residency
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Other
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Adjustment of Status
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Parole
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Bars to Adjustment of Status
UpdatedJuly 24, 2024
Bars to Adjustment of Status
Noncitizen | INA Section | Entries and Periods of Stay to Consider | Exempt from Bar |
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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.