Parole, ESTA, brief status gaps… can you still adjust status to a green card inside the U.S.?
‍This plain‑English guide explains the real rules people trip over (245(c) bars), when 245(k) can save you, and how to document your case so it’s smooth and RFE‑resistant.

Heads‑up: This article is general information, not legal advice. Your facts matter—when in doubt, talk to counsel.

Who Can—and Can’t—Adjust in the Most Common Real‑World Scenarios
Important distinction — Family vs. Employment: Parole can satisfy the §245(a)filing threshold, but employment-based AOS has extra bars (especially §245(c)(7)).
Family immediate relatives often can file despite parole; employment-based applicants usually need a different route unless they create/hold a qualifyingadmission and meet §245(k) limits.

Below are simplified snapshots. Each case needs a fact check, but this is how we triage in practice.
1) You Entered on Parole (e.g., U4U)
● Family-based (immediate relatives of U.S. citizens): You can usually file AOS becauseINA §245(a) allows filing by someone who was “inspected and admitted or paroled.”TPS is not required for these family cases if other requirements are met.
● Employment-based: Pure parole is not a qualifying nonimmigrant status, so§245(c)(7) blocks filing in most EB cases. Options include (a) changing to a proper status(e.g., O‑1/H‑1B) and then filing, (b) consular processing, or (c) in limited, fact‑specific situations, using TPS + authorized travel/return to obtain a lawful admission and then analyzing §245(k) (≤180‑day forgiveness) before filing.
● Watch‑outs: Keep tight records of parole grant, any violations, arrests, and unauthorized work. EB paths require extra structuring; don’t file blindly.

2) You Entered on ESTA/Visa Waiver and Overstayed
● Family cases: Immediate relatives of U.S. citizens may still adjust in many situations despite overstays.
● Employment cases: ESTA + overstay can get tricky—often not AOS‑eligible unless an arrow exception applies. Consider consular processing.

3) You Entered on a Work/Study Visa and Have a Short Gap
● 245(k) may forgive up to 180 days of certain violations (unlawful presence, unauthorized employment) for employment‑based AOS applicants and their derivatives.
● Action item: Precisely count days, document maintenance, and fix any ongoing violation before filing.

4) You Changed Employers or Job Roles
● Before filing AOS: Amend or refile the nonimmigrant petition if there’s a material change.
● After filing AOS: Use AC21 portability where applicable (same or similar occupation),and keep I‑485 Supplement J strategy ready.

245(c) Bars in Human Language (and When 245(k) Helps)
245(c) bars are the reasons USCIS can say “you can’t adjust because of X.” Common X’s:
● Overstay / status violation (e.g., fell out of status, worked without authorization)
● Unauthorized employment
● Failure to maintain status at some point prior to filing

245(k) is a narrow “eraser” for employment‑based AOS that can forgive certain violations up to 180 days since last lawful admission. It does not cure everything and does not apply to all categories.

Practice tip: Don’t guess the 180 days—audit your timeline with I‑94s, pay records, SEVIS/HR docs, and travel history.

Work & Travel While AOS Is Pending (EAD/AP & I‑9 Realities)
● EAD (I‑765) lets you work while the I‑485 is pending. Coordinate start dates with HR; some employers must re‑verify I‑9 on document changes.
● Advance Parole (I‑131) allows you to travel and return while AOS is pending. Do not travel without it.
● Combo card vs. separate approvals: Either is fine; track expirations and renew early.

Schools and HR teams: Keep a clean record of work authorization documents and expiration dates. If you’re not sure, ask counsel before terminating.

Evidence That Moves the Needle (Make It RFE‑Resistant)
● Proof of lawful admission or parole: I‑94, parole document, entry stamp, travel history
● Continuity of status / maintenance: I‑20s/DS‑2019s, I‑797s, pay stubs, HR letters,SEVIS records
● 245(k) calculus: Day‑by‑day timeline, start/stop dates for any employment, payroll, contracts
● Category eligibility: Approved I‑140 (for EB), relationship proofs (for family), or other basis
● No red flags: Arrest records resolved, prior denials/MTRs explained, medical (I‑693)current

Decision Trees (Simplified)
Parolee who is an immediate relative of a U.S. citizen (family-based):
1. Confirm lawful parole and immediate-relative relationship.
2. Screen for inadmissibility issues (public charge not applicable to IR; still check crimes, fraud, etc.).
3. File I‑485 + I‑765 + I‑131 with full evidence set.

Parolee pursuing employment-based AOS (EB‑1/EB‑2/EB‑3):
1. Recognize §245(c)(7) bar if you are only in parole.
2. Choose a path:
○ Change status to a qualifying nonimmigrant (e.g., O‑1/H‑1B) → then file AOS when eligible; or
○ Consular process on the approved I‑140; or
○ TPS + authorized travel/return (where available) to obtain a lawful admission, then evaluate §245(k) (≤180 days) and file if clean.

F‑1 to H‑1B with gap:
1. Audit cap‑gap, CPT/OPT days, and any out‑of‑status periods.
2. If total violations ≤ 180 days, 245(k) may save EB AOS.
3. File with a timeline exhibit and employer HR corroboration.

Case Snapshots
● EB‑1 approval → AOS from Parole (U4U): Paroled national with strong record; noun authorized work; clean evidence of parole; I‑485 approved after standard processing.
● ESTA Overstay → Consular Win: Candidate switched to consular strategy, cured inadmissibility with counsel’s plan, entered on immigrant visa without I‑485 risk.
● Short Gap, 245(k) Works: Engineer had 92 days between roles with limited pay gaps—documented thoroughly; AOS approved.

What to Do Next (Checklists)
Personal Checklist (you):
● Retrieve I‑94 and all I‑797 notices
● Download full travel history and assemble entry/exit dates
● Gather pay records and HR letters to prove authorized work
● If employment‑based: compute a day‑count for possible 245(k)

Employer/School Checklist (if applicable):
● Keep a calendar of EAD expiry dates & re‑verification reminders
● Prepare employment verification letters (roles, dates, SOC codes if needed)
● Coordinate travel plans around Advance Parole availability

FAQ (Straight Answers)
Can I adjust if I worked without authorization? Maybe—if employment‑based and total violations are ≤ 180 days since a lawful admission (245(k)), and other conditions are met.Immediate relatives have different forgiveness rules.
Does parole count as admission? Parole is not an admission, but it does satisfy the §245(a)filing threshold ("admitted or paroled") for certain categories. That does not bypass employment‑based bars like §245(c)(7).

Do U4U parolees need TPS to adjust? Family-based: No TPS required if otherwise eligible.Employment-based: TPS alone doesn’t fix the (c)(7) bar; some use TPS + authorized travel/return to obtain a lawful admission, then analyze §245(k) before filing.

Should I travel while AOS is pending? Only with Advance Parole in hand—and only if no inadmissibility issues.