An alien with B-2 status who overstays but marries a U.S. citizen is eligible for adjustment. What is the reason for this eligibility?

The eligibility for adjustment of status in this scenario primarily stems from the fact that the alien was inspected and admitted into the United States, which provides a foundation for the adjustment process. When an individual enters the U.S. with a valid visa, such as a B-2 tourist visa, they undergo an inspection process by U.S. immigration authorities, which confirms their entry into the country is authorized.

Even if the alien subsequently overstays their visa, the initial admittance means that they are not considered to have entered the country unlawfully. This distinction is critical because individuals who have lawfully entered the U.S. can often apply for an adjustment of status based on a subsequent marriage to a U.S. citizen.

For the other options, the concept of being 'not inspected' pertains to individuals who enter without authorization, which would complicate any adjustment claims. A waiver would be relevant if an individual had committed certain violations but isn't necessary in this scenario if the individual was initially admitted legally. Lastly, while INA Section 245(c) addresses specific categories that may be exempt from the requirements pertaining to unlawful presence, the straightforward eligibility in this circumstance is reinforced by the fact that the alien was inspected and admitted into the United States.