To qualify for the INA § 245(k) exemption, an adjustment applicant must meet which of the following criteria?

Prepare for the USCIS Basic – Block 3 Exam. Use flashcards and multiple choice questions with detailed explanations. Ensure success for your test!

To qualify for the INA § 245(k) exemption, an adjustment applicant must have been lawfully admitted to the U.S. and must not have committed certain immigration violations for more than 180 days. This particular provision allows individuals who might otherwise be ineligible to adjust their status due to previous unlawful presence or other immigration violations to do so, provided they meet these specific criteria.

Lawful admission is fundamental because it establishes the applicant's legal entry into the United States, which is a prerequisite for adjustment of status. Furthermore, the stipulation regarding the lack of specific violations for more than 180 days is crucial because it acknowledges that individuals who have made honest attempts to comply with immigration laws should be granted the opportunity to adjust their status rather than being permanently barred due to mistakes made in the past.

The other options encompass different aspects that do not align with the requirements set forth under INA § 245(k). Therefore, the choice that emphasizes both lawful admission and adherence to the specified timeframe concerning immigration violations precisely captures the essence of the INA § 245(k) exemption.

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