Which of the following is NOT a main eligibility requirement for adjustment using 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 statement that the applicant must be a U.S. citizen is not a main eligibility requirement for adjustment of status under INA § 245(a). Adjustment of status is a process that allows an individual to apply for lawful permanent resident status while remaining in the United States. To be eligible for this adjustment, the individual must not be a U.S. citizen; rather, they need to be in a nonimmigrant status or have an eligible category that permits adjustment.

The other requirements mentioned, such as being physically present in the United States, filing an adjustment of status application, and having an immigrant visa immediately available, are all essential components for applicants seeking to adjust their status. Being physically present ensures that the applicant is within the jurisdiction of U.S. immigration authorities, while the filing of an application initiates the adjustment process. Having an immigrant visa available is fundamental because adjustment of status generally requires that there is a visa category that the individual qualifies for, which allows them to transition to permanent residency. Thus, being a U.S. citizen is unrelated to the eligibility criteria for adjustment under this section.

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