Which bars to adjustment do not apply to immediate relatives?

The rationale behind selecting the assertion that certain bars to adjustment do not apply to immediate relatives hinges on the specific provisions of the Immigration and Nationality Act (INA) relating to the adjustment of status for immediate relatives of U.S. citizens.

Immediate relatives, defined as spouses, unmarried children under the age of 21, and parents of U.S. citizens, possess a unique status within immigration law. The INA § 245(c) bars generally outline circumstances under which individuals may be barred from adjusting their status to that of a lawful permanent resident. However, immediate relatives are exempt from many of these bars, making their path to adjustment more straightforward than that of other applicants.

Particularly, INA § 245(c)(2) refers to those who entered the U.S. unlawfully or who are in certain non-immigrant statuses; § 245(c)(4) deals with those who have previously failed to maintain a lawful immigration status; and § 245(c)(8) discusses restrictions imposed on individuals who fall under specific categories. Since immediate relatives bypass the restriction of these sections, it leads to the conclusion that certain bars do not apply to them.

Understanding that immediate relatives enjoy certain exemptions is crucial as it reflects the legislative intent to facilitate family reunification