Comprehensive Overview of Immigration Law (COIL) Practice Exam

What obstacle does working without authorization present for adjustment of status under section 245(a)?

1. It disqualifies all applicants regardless of relationships

2. It creates a requirement for additional fees

3. It may restrict adjustment unless exemptions are applicable

4. It invalidates any petition filed

The correct answer is: It may restrict adjustment unless exemptions are applicable

Working without authorization can significantly impact an individual’s eligibility for adjustment of status under section 245(a) of the Immigration and Nationality Act. This is primarily due to the way the law addresses unauthorized employment, which could lead to a finding of inadmissibility. If someone has worked unlawfully in the United States, it typically renders them ineligible for adjustment of status unless they can qualify for specific exemptions or waivers. Certain categories are provided where an individual might not be penalized for unauthorized work, such as those who are immediate relatives of U.S. citizens or those who qualify under other specific provisions of the law. Therefore, while the act of unauthorized work does not automatically bar adjustment of status, it creates a situation where the individual must be able to demonstrate eligibility for an exemption or waiver to proceed with the adjustment process. This recognition of potential paths forward highlights the nuanced nature of immigration law, where not all individuals who have worked without authorization are permanently disqualified and where some may have options available to them depending on their unique circumstances.