Therefore, the violation is not required to have occurred during any particular period of time. Neither the INA nor USCIS places time restrictions on when the violation (or violations) must have occurred. Unless an exemption applies, an applicant is barred from adjusting status if the applicant commits either of these two violations at any time, no matter how long ago, and even if such violations occur only for one day. The departure and subsequent reentry of an applicant who has at any time failed to maintain a lawful immigration status or violated the terms of the nonimmigrant status on any previous entry into the United States does not erase the bar. Otherwise, an applicant who has failed to maintain lawful status or violated status could simply depart the United States, reenter immediately, and become eligible to file for adjustment of status. įor example, an L-1B worker who works for an employer other than the employer authorized by the approved L-1B petition violates the terms of his or her nonimmigrant status and may be barred not only by INA 245(c)(8) but also INA 245(c)(2). jurisdictions which prohibit the commission of crimes of violence and for which a sentence of more than one-year imprisonment may be imposed. Time limitations on the period of admission and any subsequent extensions or changes of status Ĭompliance with applicable requirements Ĭompliance with any registration, photographing, and fingerprinting requirements, including National Security Entry Exit Registration System (NSEERS) registration, that relate to the maintenance of nonimmigrant status įull and truthful disclosure of all information requested by USCIS and Terms of nonimmigrant status include, but are not limited to: This bar applies not only to applicants who violated the terms of their most recent nonimmigrant status but also to those who have ever violated the terms of a nonimmigrant status at any time during any prior periods of stay in the United States as a nonimmigrant. The bar for otherwise violating the terms of a nonimmigrant visa refers to a violation of the terms and conditions of a noncitizen’s specific nonimmigrant status as set forth in relevant regulations. B. Violation of Terms of Nonimmigrant Visa The nonimmigrant transferee, however, may be exempt from that bar under INA 245(k). In this example, the nonimmigrant intracompany transferee is subject to the INA 245(c)(2) bar to adjustment due to the prior failure to continuously maintain nonimmigrant student status in 2011. The nonimmigrant simultaneously files an adjustment of status application. The company files an employment-based immigrant visa petition to classify the nonimmigrant as an employment-based first preference multinational manager. The noncitizen is admitted to the United States as a nonimmigrant intracompany transferee for a company. The noncitizen departs the United States. The nonimmigrant student status is terminated as a result. The nonimmigrant student takes a leave of absence from the university for a semester without the permission of the designated school official. Įxample: Failure to Continuously Maintain Lawful StatusĪ noncitizen is admitted to the United States as a nonimmigrant student at a university. The bar to adjustment for failing to continuously maintain a lawful status since entry into the United States applies to an applicant for adjustment who has:įailed to maintain continuously a lawful status since their most recent entry andĪn applicant who has ever been out of lawful status at any time since any entry. A. Failure to Continuously Maintain Lawful Immigration Status Įmployment-based applicants also may be eligible for exemption from this bar under INA 245(k). Violence Against Women Act (VAWA)-based applicants Ĭertain physicians and their accompanying spouse and children Ĭertain G-4 international organization employees, NATO-6 employees, and their family members Ĭertain members of the U.S. armed forces and their spouse and children. The INA 245(c)(2) and INA 245(c)(8) bars to adjustment do not apply to: Violated the terms of his or her nonimmigrant status. Any adjustment applicant is ineligible to adjust status under INA 245(a) if, other than through no fault of his or her own or for technical reasons, he or she has ever:įailed to continuously maintain a lawful status since entry into the United States or
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