Which is an eligibility requirement for Adjustment of Status under INA § 245(a)?

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

One of the fundamental eligibility requirements for Adjustment of Status under Immigration and Nationality Act (INA) § 245(a) is that applicants must have been "inspected and admitted" into the United States. This means that an individual must have gone through the proper immigration inspection process upon entry and received permission to enter the country.

The requirement for being "inspected and admitted" ensures that individuals have legitimate entries into the U.S., allowing them to transition from nonimmigrant status to lawful permanent resident status through the adjustment process. This eligibility criterion aims to maintain the integrity of the U.S. immigration system, emphasizing the importance of following proper immigration procedures.

In contrast, those who entered without inspection or who are present without inspection have not gone through the entry process as defined by immigration law, which typically precludes them from eligibility for Adjustment of Status unless they qualify for certain waivers or other forms of relief. The concept of being "inspected and reported" is not recognized as a valid status within the context of Adjustment of Status, further separating it from the acceptable criteria established by the INA.

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