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Unless you are applying for creation of record based on continuous residence since before January 1, 1972, or adjustment of status under a category in which special rules apply (such as asylum adjustment, Cuban adjustment, special immigrant juvenile adjustment or special immigrant military personnel adjustment), you are not eligible for adjustment of status if any of the following apply to you:
– you entered the U.S. in transit without a visa; you entered the U.S. as a nonimmigrant crewman; you were not admitted or paroled following inspection by an immigration officer.
– your authorized stay expired before you filed this application; you were employed in the U.S. prior to filing this application, without INS authorization; or you otherwise failed to maintain your nonimmigrant status, other than through no fault of your own or technical reasons, unless you are applying because you an immediate relative of a U.S. citizen (parent, spouse, widow, widower or unmarried child under 21 years old), a K-1 fiancé or K-2 fiancé or K-2 fiancé dependent who married the U.S. petitioner within 90 days of admission or an “H” or “I” or special immigrant (foreign medical graduates, international organization employees or their derivative family members);
– you are or were a J-1 or J-2 exchange visitor, are subject to the two-year foreign residence requirement and have not complied with or been granted a waiver of the requirement;
– you committed criminal immigration violations;
– you have an A, E or G nonimmigrant status, or have an occupation which would allow you to have this status, unless you complete Form I-508 (I508F for French nationals) to wave diplomatic rights, privileges and immunities, and if you are an A or G nonimmigrant, unless you submit a complete Form I-566.
– you were admitted to Guam as a visitor under the Guam visa waiver program.
– you were admitted to the U.S. as a visitor under the Visa Waiver Pilot Program, unless you are applying because you an immediate relative of a U.S. citizen (parent, spouse, widow, widower of unmarried child under 21 years old);
– you are already a conditional permanent resident;
– you were admitted as a K-1 fiancé but did not marry the U.S. citizen who filed the petition for your, or were admitted as the K-2 child of a fiancé and your parent did not marry the U.S. citizen who filed the petition.
– You received an order of deportation in a U.S. immigration court
Form i 246. Application for a stay of deportation. i-246 - BIA Stay of Removal | Criminal Immigration Lawyer
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