Comprehensive Overview of Immigration Law (COIL) Practice Exam

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What can help an individual adjust status under INA § 245(i)?

Being a beneficiary of an I-140 or I-526
Having a valid nonimmigrant visa
Submitting an employment application
Holdin a green card for more than 5 years

The correct answer is: Being a beneficiary of an I-140 or I-526

An individual can adjust status under INA § 245(i) if they are a beneficiary of certain immigrant petitions, specifically those filed on their behalf, such as I-140 (Immigrant Petition for Alien Worker) or I-526 (Immigrant Petition by Alien Investor). This provision allows individuals who may not otherwise be eligible for adjustment of status due to their unlawful presence or other situations to still apply for a green card if they have a qualifying petition. This eligibility is often tied to petitions filed before April 30, 2001, but the encompassed benefits provide a pathway for those individuals. The other options do not provide a basis for adjusting status under INA § 245(i). Having a valid nonimmigrant visa relates to maintaining lawful status but does not specifically qualify for adjustment through § 245(i). Submitting an employment application is not sufficient for adjustment status considerations under this statute, as it does not directly tie to the eligibility criteria. Holding a green card for over five years pertains to naturalization processes rather than adjustment of status under § 245(i), as the individual would already be a lawful permanent resident in this scenario.