What is a prerequisite for an alien seeking adjustment of status under INA § 245(a)?

The prerequisite for an alien seeking adjustment of status under INA § 245(a) is that they must be physically present in the United States. This requirement is essential because the process of adjustment of status is designed for individuals who are already in the country and are seeking to transition their immigration status to that of a lawful permanent resident. The law specifically allows eligible individuals who meet this condition to apply for adjustment within the U.S., avoiding the need to return to their home country for visa processing, which is required for applicants outside the U.S.

The other options may present conditions relevant to various immigration scenarios but do not specifically pertain to the requirements of adjustment of status under INA § 245(a). For instance, a valid job offer is not universally required for all adjustment cases, although employment may be pertinent in some circumstances like employment-based adjustments. Similarly, having no criminal record, while beneficial and sometimes necessary for other forms of immigration relief, does not constitute an outright barring condition for adjustment. Lastly, the requirement of being a resident for at least five years applies to specific categories of applicants, such as naturalization for U.S. citizenship, rather than adjustment of status itself. Thus, physical presence within the U.S. remains the critical prerequisite for individuals wanting