Regular Eligibility for Adjustment of Status

• An adjustment of status is available from the attorney general if the alien makes an application for such adjustment; the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and an immigrant visa is immediately available to him at the time his application is filed. However, the certain categories of persons are barred statutorily from adjustment of status, as follows.
  
  

Alien Crewmen

• This refers to foreign nationals who serve on a vessel or aircraft in the U.S., or who were awaiting joining the crew of such a vessel.
  
  

Unauthorized Employment, Unlawful Status or Failure to Maintain Status

• This refers to foreign nationals in the U.S. who have engaged in unauthorized employment, whose status is unlawful at the time of filing for adjustment of status, or whose status has not been continuously maintained since their entry into the U.S.
  
  

Alien Admitted in Transit without Visa under Section 212(d)(4)(C)

• This refers to foreign nationals who are in transit through the U.S. on the way to a foreign destination.
  
  

Aliens Who Entered Under Visa Waivers

• This refers to foreign nationals who are not immediate relatives of citizens who are admitted as nonimmigrant visitors without B-1 or B-2 visas or under the visa waiver program.
  
  

Aliens with Conditional Resident or K-1 Visa Status

• This refers to foreign nationals who were granted conditional permanent resident status either for less-than-two-year-old marriages, or under a K-1 fiance visa status.
  
  

Exceptions to Statutory Bars for Adjustment of Status

• While the above bars are statutorily required, there are exceptions to these rules. The biggest exception is for those individuals in the U.S. under refugee or asylum status whose status has technically expired but are in the midst of adjustment of status proceedings. Section 245(i) lists all exceptions. An immigration attorney will be able to assist you in examining these fine points to see if you may qualify for one of the exceptions.