Eligibility.

CFR · 2024-01-01 · US · Title 8

(a) (b) (1) Any alien who entered the United States in transit without a visa; (2) Any alien who, on arrival in the United States, was serving in any capacity on board a vessel or aircraft or was destined to join a vessel or aircraft in the United States to serve in any capacity thereon; (3) Any alien who was not admitted or paroled following inspection by an immigration officer; (4) Any alien who, on or after January 1, 1977, was employed in the United States without authorization prior to filing an application for adjustment of status. This restriction shall not apply to an alien who is: (i) An immediate relative as defined in section 201(b) of the Act; (ii) A special immigrant as defined in section 101(a)(27)(H) or (J) of the Act; (iii) Eligible for the benefits of Public Law 101-238 (the Immigration Nursing Relief Act of 1989) and files an application for adjustment of status on or before October 17, 1991; or (iv) Eligible for the benefits of Public Law 101-238 (the Immigration Nursing Relief Act of 1989), and has not entered into or continued in unauthorized employment on or after November 29, 1990. (5) Any alien who on or after November 6, 1986 is not in lawful immigration status on the date of filing his or her application for adjustment of status, except an applicant who is an immediate relative as defined in section 201(b) or a special immigrant as defined in section 101(a)(27) (H), (I), or (J). (6) Any alien who files an application for adjustment of status on or af

official document · source cfr-2024 · id 8:§ 1245.1