An alien who overstays their nonimmigrant visa and later marries a USC is prohibited from adjusting their status according to which section of the INA?

The correct choice is based on the provisions outlined in the Immigration and Nationality Act (INA) that specifically pertain to individuals who have overstayed their nonimmigrant visas. INA § 245(c)(2) indicates that adjustment of status is not available to nonimmigrants who have violated the terms of their status, including overstaying their visa. This means that if an alien has overstayed their nonimmigrant visa, they are ineligible to adjust their status even if they marry a U.S. citizen.

This provision is crucial as it underscores the consequences of falling out of nonimmigrant status, which can preclude pathways to legal residency, despite potential eligibility through marriage to a U.S. citizen. The significance of this regulation helps maintain the integrity of nonimmigrant classifications by disallowing those who have not abided by the terms of their visas from exploiting marriage as a means to adjust their status.

Other sections presented do not specifically address the same circumstances. For instance, INA § 245(k) provides some relief for certain nonimmigrants, allowing them to adjust status even after certain periods of unauthorized presence, while INA § 212(d)(5)(A) pertains to parole rather than adjustment. Similarly, INA §