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Equities check: have you worked in the United States without authorization?

In short

INA § 245(c)(2) and (c)(8) bar adjustment for some categories on unauthorized employment, but the statutory carve-outs are broad. Tax compliance — including ITIN filings — is itself a *Mendez-Moralez* equity.

Sources

Legal Citations

INA § 245(a) — Adjustment of statusUSCIS PM-602-0199 — Adjustment of Status is a Matter of Discretion and Administrative Grace (May 21, 2026)Matter of Blas, 15 I&N Dec. 626 (BIA 1974), aff'd, 556 F.2d 586 (9th Cir. 1977)Matter of Mendez-Moralez, 21 I&N Dec. 296 (BIA 1996)Matter of Marin, 16 I&N Dec. 581 (BIA 1978)Patel v. Garland, 596 U.S. 328 (2022)1 USCIS-PM E.8 — Discretion7 USCIS-PM A.10 — Legal Analysis and Use of Discretion