Eligibility for Adjustment of Status Under Section 245(k)
In general, Section 245(a) allows a person who entered legally in the U.S. to adjust their status to permanent resident status while in the United States if the alien is the beneficiary of an approved immigrant visa petition and has an immigrant visa number immediately available. This is called Adjustment of Status.
Section 245(c) establishes eight (8) bars to adjustment under Section 245(a).
Section 245(k) can reduce the normal bars to adjustment of status found in section 245(c)(2), (c)(7), and (c)(8) inapplicable to certain employment-based adjustment of status applicants who, since their last lawful admission to the United States have not, for an combined period of more than 180 days:
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of his or her admission.
Who Qualifies for Section 245(k) relief?
The following classes of employment-based adjustment of status applicants under section 245(a) are eligible for relief under 245(k):
(A) An alien who is present in the United States pursuant to a lawful admission and whose adjustment of status application is based on an approved immigrant petition for them as the beneficiary in one of the following classifications:
• EB-1: aliens of extraordinary ability, outstanding professors and researchers, and certain multinational managers and executives;
• EB-2: aliens who are members of the professions holding advanced degrees or aliens of exceptional ability;
• EB-3: skilled workers, professionals, and other workers; or
• EB-4: religious workers described in section 101(a)(27)(C) of the Act only.
Other employment-based immigrant classifications and other immigrant classifications are not a basis for consideration under section 245(k).
Section 245(k), however, does not provide an exemption from any other basis of ineligibility, such as entry without inspection or any ground of inadmissibility.
