What does INA § 245(k) provide to certain employment-based adjustment applicants?

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

INA § 245(k) specifically provides certain exemptions to applicants adjusting their status in the United States based on an employment-based petition. More precisely, this provision allows individuals who are applying for adjustment of status but have violated certain non-immigrant status requirements to still be eligible for adjustment.

The correct answer highlights that applicants are exempt from the specific provisions of INA § 245(c)(2), (c)(7), and (c)(8). These sections deal with restrictions for those who have violated the terms of their nonimmigrant status or were previously involved in unlawful employment. By providing an exemption from these particular provisions, INA § 245(k) offers a pathway to adjustment for a more limited group of applicants who might otherwise be ineligible due to prior violations.

To understand why the other answers don't apply: The option mentioning exemption from INA § 245(c)(4) and (c)(7) does not apply because § 245(k) does not address § 245(c)(4). Similarly, the reference to exemptions from 8 CFR § 245.1(c) is not relevant to the nuances of immigration penalties regarding status violations outlined in INA § 245(c). Lastly, the claim of exemption from all immigration-related penalties is overly

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