What You Should Know About Adjustment of Status Bars and Their Exemptions

Published: September 6, 2024

Are you presently in the US on a non-immigrant visa? If so, you might be eligible to request for adjustment of status (AOS). This process allows a non-immigrant visa holder to apply for lawful permanent status (LPR) or a green card. 

The United States Citizenship and Immigration Services (USCIS) received 619,000 green card applications in FY 2022. Although this figure is lower than the previous fiscal year, the agency completed more AOS applications, amounting to 611,000. 

The most evident advantage of AOS is acquiring a green card. Moreover, it eliminates the inconvenience and cost of consulate interviews. But while it’s a less costly and more convenient pathway to obtain LPR status, the AOS process isn’t accessible to everyone. 

Certain restrictions in US immigration law prohibit some foreign nationals from adjusting their status to seek lawful permanent residency. These limitations, known as bars to adjustment, typically include unauthorized employment, unlawful entry or stay, and failure to maintain status. However, some beneficiaries may be exempt from these potential bars. 

Below, we’ll explain the adjustment of status bars in detail, their implications, and any possible exemptions. 

Overview of the Statutory Bars to Adjusting Status

Adjustment of status bars are regulatory provisions that restrict individuals from adjusting their status to acquire a green due to a specific act or violation. Under the Immigration and Nationality Act (INA) 245 (c), foreign nationals barred from adjusting of status in the US can include those who: 

• Are admitted to the country as a crewman, witness or informant, non-immigrant without a visa on a Visa Waiver Program (VWP), and in transit without a visa (TWOV)
• Are in unlawful immigration status at the time of their AOS application
• Are unable to preserve lawful status since entering the US
• Have been working without an authorized permit before applying for adjustment
• Are applying for employment-based adjustment in an unlawful presence 
• Are subject to deportation due to involvement in terrorist groups or activities
• Have otherwise violated the terms and conditions of a non-immigrant visa
• Have ever been involved in unauthorized employment

Suppose any of these bars to adjustment apply. The applicant may be unable to adjust their status and obtain lawful permanent residence unless otherwise qualified for exemptions. 

It’s worth noting that some bars can overlap and apply to an applicant for a single act or violation. In such instances, the immigration officer must address every adjustment bar that applies in the denial notice. 

Regardless, being aware of these barriers is essential for anyone going through the immigration process, or they may face denial without realizing they’re subject to such restrictions.

Exemptions to Adjustment of Status Bars

When evaluating an AOS application, an immigration officer should carefully assess which restrictions apply. 

Certain categories of individuals seeking an adjustment of status are not subject to some or all of the bars specified in the provision. Note that there are specific requirements to qualify for the inapplicability of bars. But generally, Congress established exemptions to some of the adjustment of status bars for the following groups: 

• Those filing with an approved (Violence Against Women) VAWA self-petition 
• Certain qualified special immigrants, such as religious workers, Afghanistan and Iraq National, special immigrant juveniles, 
• Eligible employment-based immigrants

Each category may have different eligibility requirements. Another crucial note is that the law only considers recent violations when assessing the applicant’s eligibility for exemption. Any violations the applicant committed before their most recent lawful admission are irrelevant. 

The immigration officer considers eligibility for exemption based on the evidence submitted supporting the adjustment application. Suppose the USCIS finds the evidence insufficient. They can request further information or provide a notice of intent to deny. 

Ensure Eligibility to Adjust Status With ALG Lawyers

The process for seeking adjustment of status is technical and exhausting, mainly when dealing with the statutory bars. Although inapplicability exists, you must meet specific requirements to qualify. Hence, a comprehensive understanding of USCIS requirements and thorough preparation are imperative for a favorable outcome.  With decades of experience working with immigration cases, our team at ALG Lawyers is your indispensable ally. We’ll guide you through the process, from determining your eligibility to adjusting your status and identifying any relevant policies that could benefit you to handling all the paperwork. Send us a message today to discuss your specific immigration needs.