Which of the following statements about the adjustment of status process is correct?

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

The statement regarding immediate relatives being exempt from certain bars to adjustment is correct because, under U.S. immigration law, immediate relatives of U.S. citizens—including spouses, parents, and children under the age of 21—do not face the same obstacles that other applicants might encounter in the adjustment of status process. Specifically, immediate relatives can adjust their status even if they have entered the U.S. unlawfully, as long as they meet other eligibility criteria.

This provision is critical for maintaining family unity and adhering to the principle that U.S. citizens should not be separated from their immediate family members due to immigration technicalities. In contrast, other categories of applicants may face bars to adjustment based on issues like unlawful presence or criminal history.

The other statements are inaccurate because they misrepresent the nuances of the adjustment of status process. For example, while it's true that all applicants typically need to prove lawful presence, some specific categories — especially those involving immediate relatives — can be adjusted without this requirement. Additionally, not all aliens are automatically eligible for adjustment merely based on having a family member in the U.S.; qualifications and eligibility criteria vary significantly. Furthermore, adjustment of status is not limited solely to employment-based cases, as family-based categories also play a significant role in

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