What is a necessary condition under INA § 245(f) for adjusting status?

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

The requirement that the applicant must not be inadmissible is a foundational condition for adjusting status under INA § 245(f). This section of the Immigration and Nationality Act outlines that an individual seeking to adjust their immigration status must be eligible for that relief, which includes having a clean admissibility record. If an applicant does have certain grounds of inadmissibility, such as being undocumented or having a criminal record, they may be barred from adjusting their status to that of a lawful permanent resident.

In the context of immigration law, inadmissibility can arise from various factors, including but not limited to past violations of immigration laws, criminal convictions, or specific health issues. Therefore, before one can proceed with an adjustment of status application, it is essential to first determine that there are no inadmissibility issues. This ensures that the applicant can successfully navigate the process toward attaining permanent residency.

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