Which of the following conditions is NOT a 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!

The requirement that an applicant must not have any arrests is not a condition for adjustment of status under INA § 245(a). While the context of an applicant's criminal history may be relevant during the overall evaluation process, the mere fact of having arrests does not automatically disqualify someone from adjusting their status.

In contrast, the other conditions listed are essential components. An applicant must have been inspected and admitted into the U.S., indicating that they entered the country lawfully, which is foundational for eligibility. Additionally, a visa must be available when applying, as there needs to be a path for the individual to become a lawful permanent resident. Finally, the requirement for a favorable exercise of discretion highlights that the government has the authority to deny an application, even if the applicant meets other criteria, based on the overall assessment of the case. Each of these would directly impact the ability to successfully adjust status, while the presence of prior arrests only requires additional consideration rather than disqualification.

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