What must an alien demonstrate to be considered grandfathered?

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

To be considered grandfathered, an alien must demonstrate that the applicant is seeking to adjust status based on a qualifying petition. This means that there must be an existing immigration application or petition that meets specific eligibility criteria, which allows the individual to benefit from certain provisions in immigration law. This process is crucial for individuals who may have previously been ineligible for certain immigration pathways due to changes in the law or policy.

Seeking to adjust status implies that there is intent and action taken towards legal residency, leveraging the qualifying petition or application that was submitted. This aspect of actively pursuing adjustment based on a petition is key to being recognized as grandfathered, as it solidifies the connection between the individual's past actions and their current eligibility status under immigration regulations.

The other choices relate to different aspects of the immigration process but do not specifically focus on the applicant's current status intentions in relation to the qualifying petition, which is what makes the selected answer relevant and accurate for understanding the grandfathering concept in U.S. immigration law.

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