What condition allows an alien to qualify for adjustment of status even after being unauthorized for a period of time?

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

The condition that allows an alien to qualify for adjustment of status despite being unauthorized for a certain period is that the individual must have been inspected and admitted into the United States initially. This means that upon entry into the U.S., the individual went through the necessary immigration processing, which provides a basis for them to apply for adjustment of status later on.

When an alien is inspected and admitted, they are considered to have a lawful entry, which is an important factor in the immigration process. This status can exempt them from certain bars to adjustment of status that might apply to those who entered the country without inspection or were previously in an unauthorized status due to overstaying or other unlawful presence.

The other options provided either do not specifically address the adjustment of status after a period of unauthorized presence or apply under different circumstances. For instance, while being married to a U.S. citizen or having immediate relatives can provide grounds for adjustment of status, it doesn’t necessarily mitigate the consequences of being unauthorized. Similarly, active military service may provide certain benefits for some categories of individuals, but it does not directly connect to the ability to adjust status after a period of being unauthorized without initial lawful entry.

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