What are the two principal statutes through which an alien may seek adjustment of status?

The two principal statutes through which an alien may seek adjustment of status are indeed found in section 245 of the Immigration and Nationality Act (INA). Section 245(a) allows certain eligible non-citizens to adjust their status to that of lawful permanent residents, provided they meet specific criteria such as being physically present in the U.S. and having an approved immigrant petition or having an immediate relative petition filed on their behalf.

Section 245(i), on the other hand, provides an important avenue for individuals who may not meet all the standard requirements under 245(a) due to issues such as unlawful presence. It allows certain individuals who are eligible but had previously been denied their adjustment of status due to being in the U.S. unlawfully, to apply if they meet the conditions outlined in that statute, such as demonstrating that they had a qualifying petition filed on their behalf prior to April 30, 2001, and paying a penalty fee.

This combination of 245(a) and 245(i) provides flexibility for different scenarios faced by individuals seeking lawful permanent residency in the U.S. It acknowledges various situations and creates pathways for those who might otherwise be ineligible under typical circumstances to still potentially adjust their status.