1. BarS to AdjusTment of status
Under INA §245

2. Unlawful immigration status at time of filing
INA §245(c): Other than an alien having an approved petition for classification as a VAWA self-petitioner, subsection (a) shall not be applicable to: (2) subject to subsection (k), an alien (other than an immediate relative as defined in section 201(b) or a special immigrant described in section 101(a)(27)(H), (I), (J), or (K)), who … is in unlawful immigration status on the date of filing the application for adjustment of status …

3. exceptionS to the “unlawful immigration status” bar
INA §245 provides seven exceptions to the “unlawful immigration status” rule. Out-of-status applicants can apply if:
They are an “immediate relative”: child, spouse, or parent of a citizen of the United States. If parent, child must be 21. If widow or child of deceased USC, I-360 must have been filed within two years of death, spouse must not have remarried, and spouse and deceased must not have been separated at death.
They have an approved or concurrent VAWA I-360
They have an approved or concurrent physician I-360 
They have an approved or concurrent G-4 international organization employee or NATO-6 employee I-360
They have an approved or concurrent SIJ I-360
They have an approved military foreign enlistee I-360
They are an employment-based adjustee and qualify for the 245(k) exception

4. What’s an “unlawful immigration status”?
EWI
Visa overstay
Status violated
Status expired
Visa or status revoked, rescinded, or otherwise terminated

5. What’s a “LAWFUL IMMIGrATIon STATUS”?
Any NIV status
Refugee
​Asylee
Parolee
TPS
Foreign nationals lawfully present in the Commonwealth of the Northern Mariana Islands (CNMI) between November 28, 2009 and November 27, 2011 based on a valid, unexpired, and lawfully obtained period of stay that was CNMI-authorized prior to November 28, 2009 that remains valid on the date of adjustment application

6. Are periods of authorized stay “lawful immigration status”?
No. Simply filing an application for an immigration benefit or having a pending benefit application generally does not put a foreign national in a lawful immigration status. (It may put the foreign national in a period of authorized stay, which is relevant only for unlawful presence purposes.)
However, once an immigrant benefit application is approved, a foreign national is considered to have been in lawful immigration status as of the date of the filing of the application. So, if a change or extension of status application is pending on the date of filing the adjustment application, USCIS will wait to see whether the change or extension is granted. If it is, the adjustment can proceed. If it isn’t, the adjustment must be denied because of the unlawful immigration status bar.

7. Nonimmigrant visa AND STATUS violations
INA §245(c): Other than an alien having an approved petition for classification as a VAWA self- petitioner, subsection (a) shall not be applicable to: (2) subject to subsection (k), an alien (other than an immediate relative as defined in section 201(b) or a special immigrant described in section 101(a)(27)(H), (I), (J), or (K)), who … has failed (other than through no fault of his own or for technical reasons) to maintain continuously a lawful status since entry into the United States … (8) any alien who … has … violated the terms of a nonimmigrant visa

8. Exceptions to the visa/status violation bar
INA §245 provides seven exceptions to the “visa/status violation” rule. Applicants who have violated status can apply if:
They are an “immediate relative”: child, spouse, or parent of a citizen of the United States. If parent, child must be 21. If widow or child of deceased USC, I-360 must have been filed within two years of death, spouse must not have remarried, and spouse and deceased must not have been separated at death.
They have an approved or concurrent VAWA I-360
They have an approved or concurrent physician I-360 
They have an approved or concurrent G-4 international organization employee or NATO-6 employee I-360
They have an approved or concurrent SIJ I-360
They have an approved military foreign enlistee I-360
They are an employment-based adjustee and qualify for the 245(k) exception

9. What is a visa or status violation?
Failure to Continuously Maintain Lawful Immigration Status
Not just since most recent entry: At any time since any entry
“Lawful Immigration Status”: Any NIV status; Refugee; ​Asylee; Parolee; TPS
Violation of Terms of Nonimmigrant Visa
Not just most recent NIV status: Violation of any NIV status at any time
Terms of NIV status: (1) Time limitations on the period of admission and any subsequent extensions or changes of status; (2) Compliance with applicable requirements; (3) Limitations on employment; (4) Compliance with any registration, photographing, and fingerprinting requirements, including National Security Entry Exit Registration System (NSEERS) registration, that relate to the maintenance of nonimmigrant status; (5) Full and truthful disclosure of all information requested by USCIS; and (6) Obedience to all laws of U.S. jurisdictions which prohibit the commission of crimes of violence and for which a sentence of more than one-year imprisonment may be imposed.

10. Visa/status violation periods that can be excused
Periods out of F, M, or J Status If Person Was Later Reinstated
No Fault of the Adjustment Applicant, or Violation Due to Technical Reasons
Periods During Which an Ultimately Approved Change or Extension Petition Was Pending

11. Reinstatement to F, M, or J Status
Status violation resulted from circumstances beyond the student or exchange visitor’s control, such as a natural disaster, illness or closure of a school, oversight or neglect by the designated school officer (DSO) or responsible officer (RO), or the reduction in the student’s course load authorized by the DSO
Must have applied for (I-539) and been granted reinstatement

12. No FAULT/TECHNICAL REASONS
Inaction of another person or organization designated by regulation to act on behalf of an applicant or over whose actions the applicant has no control, if the inaction is acknowledged by that person or organization ​
Technical violation resulting from inaction of USCIS;  ​
Technical violation caused by the physical inability of the applicant to request an extension of nonimmigrant stay from USCIS in person or by mail ​
Technical violation resulting from legacy Immigration and Naturalization Service (INS)’s application of the 5-year or 6-year period of stay for certain H-1 nurses, if the nurse was re-instated to H-1 status as a result of the Immigration Amendments of 1988. 

13. Inaction of Designated Official or Organization
Failure of a designated school official or exchange visitor program sponsor to provide required notification to USCIS of an applicant’s continuation of status or to forward a request for continuation of an applicant’s status to USCIS
The official or organization designated to act on behalf of the applicant must notify USCIS and acknowledge responsibility for the inaction
Does not include instances in which a petitioner delays completing required documents to give to the applicant for submission to USCIS
Does not apply to most claims that an applicant’s attorney or representative provided ineffective counsel or failed to file an application or other documents to USCIS on the applicant’s behalf

14. Technical Violation Resulting from Inaction of USCIS
USCIS failed to adjudicate a properly and timely filed request to extend or change nonimmigrant status. (USCIS inaction on labor cert or IV petition not an excuse.)
The applicant properly filed an application to extend or change nonimmigrant status prior to the expiration date of his or her nonimmigrant status;
​The applicant was a bona fide nonimmigrant at the time of filing his or her application to extend or change nonimmigrant status, which includes establishing intent consistent with the terms and conditions of the nonimmigrant status sought;
​The applicant filed an application to extend or change nonimmigrant status that was meritorious in fact, not frivolous or fraudulent, or otherwise designed to delay removal or departure from the United States;
​The applicant has not otherwise violated his or her nonimmigrant status;
​The applicant remained a bona fide nonimmigrant until the time he or she properly filed an adjustment application; and 
The applicant is not in removal proceedings.

15. Technical Violation Caused by the Physical Inability of the Applicant
Hospitalized with an illness or medical condition at the time the nonimmigrant status expires
Subject to a physical impairment such that the nature, scope, and duration of the physical impairment reasonably prevented the applicant from filing an extension or change of status application
Not otherwise violated nonimmigrant status;
Remained a bona fide nonimmigrant until filing of adjustment application​
Not in removal proceedings
Must include a corroborating letter from the hospital, attending, or treating physician that explains the circumstances, nature, scope, and duration of the physical impairment

16. Pending application to extend or change status
Approved extension: start date of the extended status is retroactive to the expiration date of the initial or previously extended period of status. USCIS considers the foreign national to have continuously maintained lawful status for purposes of adjusting status.
Approved change of status: start date for the new nonimmigrant status is effective on the date of approval. USCIS considers the nonimmigrant to have continued to maintain a lawful status only if: (1) the change application was timely filed (or lateness excused); (2) the change application was granted; and (3) the nonimmigrant did not violate any terms and conditions of the initial status.
Denied extension or change: period out of status when application pending not excused

17. Employment-Based Applicant Not in Lawful Nonimmigrant Status
INA §245(c): Other than an alien having an approved petition for classification as a VAWA self-petitioner, subsection (a) shall not be applicable to:
(7) any alien who seeks adjustment of status to that of an immigrant under [INA] section 203(b) and is not in a lawful nonimmigrant status…

18. Exceptions to “Not in Lawful nonimmigrant status” bar
This bar only applies to employment-based adjustment applicants
Employment-based adjustment applicants may qualify for INA §245(k) exception

19. WHAT IS “Not in lawful nonimmigrant status”?
“Not in lawful nonimmigrant status” different than “in unlawful immigration status”
Example: an asylee is not in lawful nonimmigrant status, even though he or she is in a lawful immigration status
“Lawful nonimmigrant status”: any NIV status, TPS

20. When must the employment-based applicant be in “lawful nonimmigrant status”
Lawful nonimmigrant status required only on the date the applicant filed the current adjustment application. Any time the applicant was not in lawful nonimmigrant status prior to filing the adjustment application is irrelevant for purposes of this bar. (Note, however, that time out of “lawful immigration status” can implicate a different bar.)
Adjustment applicants can travel and return on advance parole, as long as they were in lawful nonimmigrant status on the day they filed the adjustment application

21. Unauthorized employment
INA §245(c): Other than an alien having an approved petition for classification as a VAWA self- petitioner, subsection (a) shall not be applicable to: (2) subject to subsection (k), an alien (other than an immediate relative as defined in section 201(b) or a special immigrant described in section 101(a)(27)(H), (I), (J), or (K)), who hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status … … (8) any alien who was employed while the alien was an unauthorized alien, as defined in [INA] section 274A(h)(3) …

22. Exceptions to the unauthorized employment bar
INA §245 provides seven exceptions to the “unauthorized employment” bar. Applicants who have worked illegally can apply if:
They are an “immediate relative”: child, spouse, or parent of a citizen of the United States. If parent, child must be 21. If widow or child of deceased USC, I-360 must have been filed within two years of death, spouse must not have remarried, and spouse and deceased must not have been separated at death.
They have an approved or concurrent VAWA I-360
They have an approved or concurrent physician I-360 
They have an approved or concurrent G-4 international organization employee or NATO-6 employee I-360
They have an approved or concurrent SIJ I-360
They have an approved military foreign enlistee I-360
They are an employment-based adjustee and qualify for the 245(k) exception

23. What is unauthorized employment?
Any service or labor performed for an employer within the United States by a foreign national who is not authorized by the INA or USCIS to accept employment or who exceeds the scope or period of the foreign national’s employment authorization
Bar applies if foreign national engaged in unauthorized employment at any time in the U.S., including after the adjustment application is filed

24. INA §245(k) safe harbor for employment-based applicants
EB-1, EB-2, EB-3, and EB-4 religious workers are not subject to the unlawful immigration status bar, the nonimmigrant visa/status violations bar, the not-in-lawful-nonimmigrant- status bar, and the unauthorized employment bar if:
On the date of the adjustment application, they are in the U.S. pursuant to a lawful admission. (Parolees not eligible.)
The following violations in the aggregate did not exceed 180 days:
Failed to maintain, continuously, a lawful status
Engaged in unauthorized employment
Otherwise violated the terms and conditions of the alien's admission
Only status violations and unauthorized employment since the applicant’s most recent lawful admission are counted. It is possible to depart and reenter with admission to wipe the slate clean.
“Aggregate” refers to the violation types. Each day that any one or more of the violations occur counts as one toward the 180 total, and cannot count as any more than one.

25. Ina §245(i): None of the bars apply
If using INA §245(i) to adjust, neither INA §245(a) nor any of its adjustment bars apply.

26. Other bars to ina §245(a) adjustment
Persons in the United States in certain statuses:
Crewmen (regardless of visa type). Exception: VAWA
TWOV. Exception: VAWA
Visa Waiver. Exceptions: immediate relatives and VAWA
S nonimmigrant. Exception: VAWA
K-1 or K-2, except through marriage to petitioner
Conditional permanent residents. Adjustment is not a way to avoid I-751 process.
Involvement in a terrorist activity or group

27. Other roadblocks to ina §245(a) adjustment
Persons who have ever held "J" status and who are still subject to a two-year home residency requirement cannot adjust unless they receive a waiver of that requirement.
Persons in "A," "E," or "G" status or working in a job that would entitle them to such status cannot adjust unless they sign a waiver of certain privileges (Form I-508).
Persons adjusting through marriage entered into during removal proceedings must show by clear and convincing evidence that the marriage was entered into in good faith and in accordance with the laws of the place where the marriage took place and the marriage was not entered into for the purpose of procuring the alien's admission as an immigrant and no fee or other consideration was given to file the petition