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245(k)

What is 245(k)?

Section 245(k) allows certain applicants to adjust their status even if they violated their status on previous occasions. Section 245(k) excuses status violations which do not exceed 180 days, counted from their last lawful admission. Only applicants in the categories of EB-1, EB-2, EB-3, and religious workers may qualify to adjust their status using Section 245(k):

Section 245(k) provides: An alien who is eligible to receive an immigrant visa under … [an I-140 immigrant visa petition and other occupation based petitions] … may adjust status pursuant to subsection [245(a)].., if

  • the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
  • the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days–
    • failed to maintain, continuously, a lawful status;
    • engaged in unauthorized employment; or
    • otherwise violated the terms and conditions of the alien’s admission.

We will be happy to clarify all intricacies of these cases. Please contact us for more information.

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