k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission.
So,if you ever worked without EAD/working visa ,or did other things violated condition of your status,you can't adjust your status except you marry a US citizen
You should read whole paragraph of INA245(k) carefully
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这条款实际上没什么意义,除非是EB1a,否则就是符合EB1条件
-xiaobaitu-
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08/30/2006 postreply
18:14:25
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回复:这条款实际上没什么意义,除非是EB1a,否则就是符合EB1条件
-pr-
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08/30/2006 postreply
19:05:34
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Usually can't ,except when 245(i) was avalible.
-xiaobaitu-
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08/30/2006 postreply
19:13:24
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what is 245i?
-pr-
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08/30/2006 postreply
19:16:26
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I got it by google. But even can not do AOS in USA, after deny,
-pr-
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08/30/2006 postreply
19:23:20
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can it be done by consular processing again?
-pr-
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08/30/2006 postreply
19:24:07
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No,245(i) only work in USA,if you leave,you can't enter
-xiaobaitu-
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08/30/2006 postreply
21:17:32