Conquer COIL 2026 – Dive into the Wave of Immigration Law Greatness!

The choice identifying Susana's non-eligibility to adjust status because of being in a preference category is incorrect. In U.S. immigration law, immediate relatives—those who have a close family member who is a U.S. citizen—are not subject to the preference category system. Instead, they are given priority processing for adjustment of status, allowing them to adjust without the same waiting periods as other preference category applicants may experience.

In this context, if Susana qualifies as an immediate relative, she would be eligible to adjust her status even if she had worked without authorization or is present in the U.S. unlawfully. This eligibility includes provisions allowing adjustments even when an individual has previously violated immigration laws. Thus, asserting she is in a preference category is inaccurate because it ignores the special status granted to immediate relatives.

Additionally, if she is adjusting under INA 245(a), as stated in another choice, this reinforces her eligibility as this provision explicitly applies to immediate relatives. The mention of the penalty fee under 245(i) is relevant but does not pertain to her being in a preference category, further clarifying why that statement is incorrect regarding her eligibility.