Is an alien who is present without inspection eligible to adjust status if married to a U.S. citizen?

An alien who is present in the United States without inspection typically faces challenges in adjusting their status. While an individual married to a U.S. citizen may have pathways to legal status, those who entered the U.S. without inspection do not qualify under the general provisions of the Immigration and Nationality Act (INA) for adjustment of status.

However, under INA § 245(i), certain individuals who are otherwise ineligible for adjustment of status due to their unlawful presence may still become eligible if they meet specific criteria. This provision allows individuals who are beneficiaries of a petition filed on or before April 30, 2001, or who have an immigrant visa application filed on their behalf, to pay a penalty fee and adjust their status. This offers a legal route for those who would otherwise be barred due to their unauthorized presence.

In contrast, the other options do not accurately reflect the complexities surrounding the adjustment of status for individuals who are present without inspection. Therefore, the eligibility under INA § 245(i) provides a possible avenue for these individuals where other pathways might not be available due to their current status in the U.S.