Comprehensive Overview of Immigration Law (COIL) Practice Exam

What is a requirement for Angel to adjust status under INA § 245(i)?

1. He must currently hold a tourist visa

2. An approvable petition must be filed on his behalf on or before January 14, 1998

3. He must have a valid employment authorization

4. He needs to maintain lawful status continuously since entry

The correct answer is: An approvable petition must be filed on his behalf on or before January 14, 1998

The correct requirement for Angel to adjust his status under INA § 245(i) is that an approvable petition must be filed on his behalf on or before January 14, 1998. This provision allows certain individuals who are otherwise ineligible for adjustment of status due to entry without inspection or other immigration violations to become eligible if they have a qualifying petition or application that meets the timeline specified. The significance of the January 14, 1998, date stems from the Immigration and Nationality Act amendments, which established specific criteria for the adjustment of status for individuals who had a petition filed during that window, providing them a pathway to legal permanent residency despite their inadmissibility under normal circumstances. This date is crucial as it reflects the legislative intent to provide relief to certain undocumented immigrants by allowing them to adjust their status if specific conditions are met. In contrast, the other options presented do not align with the requirements outlined in INA § 245(i). Holding a tourist visa, having valid employment authorization, and maintaining continuous lawful status since entry do not bear relevance to the criteria of this specific adjustment of status provision. Instead, they pertain to different aspects of immigration eligibility and legal status, which are not the focus of the 245(i