Comprehensive Overview of Immigration Law (COIL) Practice Exam

In which scenario is the applicant eligible to adjust status under INA § 245(a)?

1. The applicant entered as a tourist and remained in the country

2. The applicant is an immediate relative of a U.S. citizen

3. The applicant has worked without authorization for over a year

4. The applicant has a pending employment-based petition

The correct answer is: The applicant is an immediate relative of a U.S. citizen

Eligibility to adjust status under INA § 245(a) is specifically granted to certain individuals who meet established criteria, one of which involves familial relationships with U.S. citizens. An immediate relative of a U.S. citizen—such as a spouse, parent, or child—can file for adjustment of status regardless of how they initially entered the country (such as without inspection or overstaying a visa). This avenue is advantageous as it mitigates some of the barriers faced by those who do not fall under this category. In contrast, simply entering as a tourist and remaining in the country does not directly confer eligibility for adjustment, as it may be indicative of a violation of status. Working without authorization for over a year may complicate matters and could render an applicant ineligible due to accruing unlawful presence, which can lead to bans on reentry. Additionally, while a pending employment-based petition can create a path to adjustment, it requires further criteria to be met beyond merely having a petition filed, including maintaining a lawful status throughout the process. Thus, the best scenario for eligibility under INA § 245(a), particularly for adjustment of status, is indeed when the applicant is an immediate relative of a U.S. citizen.