Section 245(k)

ADJUSTMENT OF STATUS UNDER SECTION 245 (K)

Section 245 (k) is a provision for employment-based immigrants seeking to obtain adjustment of status. Section 245 (k) is an exception to the strict rules of applying for adjustment of status that allows certain individuals, those in EB-1, EB-2, EB-3, and religious workers categories, to obtain adjustment even if they violated their status so long as:

  • the individual is filing an application for adjustment of status following lawful admission into the United States;
  • the individual has a visa status violation that does NOT exceed 180 days after the most recent lawful entry into the United States- including
  • failure to continuously maintain a lawful status
  • engagement in unlawful employment; OR
  • violation of terms or conditions of his or her admission

The 180-day period commences only after the last lawful admission into the U.S. and does not include violations committed before the most recent lawful entry.