To be eligible for Adjustment of Status, you must not be inadmissible nor must any of the bars to adjustment of status apply. Certain foreign nationals will not be allowed to adjust status unless an exemption applies. It helps to identify these bars. The following are bars to adjustment of status.
- If you were a Crewman permitted to land under the D-1 or D-2 visa category or as a crewman admitted as a C-1 to join a crew, or as a B-2, then such a status will be a bar to adjustment of status. The exemption here applies if the applicant is a VAWA applicant.
- If you have unlawful status on the date the adjustment status is filed, failed to maintain lawful status since entry into the U.S. or you accepted employment without authorization before the AOS filing, you will not be permitted to adjust status. The exemption here applies to VAWA applicants, Immediate Relatives of U.S. citizens (parents, child, spouse), specific special immigrants, or employment based applicant pursuant to INA section 245k who on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission; (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days (A) failed to maintain, continuously, a lawful status; (B) engaged in unauthorized employment; or (C) otherwise violated the terms and conditions of the alien’s admission.
- If you were admitted in Transit Without a Visa (TWOV) during the most recent admission before filing. An exemption applies to VAWA applicants.
- If you were admitted as a Nonimmigrant Without a Visa under a Visa Waiver Program. An exemption applies to VAWA applicants and immediate relatives of U.S. citizens.
- If you were admitted as Witness or Informant during the most recent admission before filing. An exemption applies to VAWA applicants.
- If you are deportable Due to Involvement in Terrorist Activity or Group during all time periods and admissions in the United States. An exemption applies to VAWA applicants.
- If you are seeking adjustment in an Employment-based Immigrant Category and Not in a Lawful Nonimmigrant Status based on the most recent admission to the United States, An exemption applies to VAWA applicants, Immediate relatives and other family based applicants, Special immigrant juveniles, 245(k) eligible (refer to section 2 of this blog article).
- If you have otherwise Violated the Terms of a Nonimmigrant Visa (e.g. overstay, or came for business on a visitor’s visa etc.) OR engaged in Unauthorized Employment. An exemption applies to VAWA applicants, Immediate relatives, Certain special immigrants and 245(k) eligible.
If the above applies to you, you should carefully evaluate your application to determine whether an exemption applies to you. Do this before applying for the Adjustment of Status.
NOTE: As always this is for informational purposes only and is not legal advice. Consult an attorney for advice regarding your particular circumstances.