What status do immediate relatives and special immigrants hold concerning the 245(c)(2) restrictions?

Immediate relatives and special immigrants are exempt from the restrictions outlined in section 245(c)(2) of the Immigration and Nationality Act. This section typically deals with individuals seeking adjustment of status who have previously violated immigration laws, such as unauthorized employment or overstaying their visa. However, immediate relatives of U.S. citizens, such as spouses or minor children, and certain special immigrants do not face these particular restrictions when applying for adjustment of status.

This exemption is designed to facilitate family reunification for U.S. citizens and lawful permanent residents, recognizing the importance of keeping families together. The provision acknowledges that immediate relatives and special immigrants may not have the same legal backgrounds as other applicants, which is why they are treated differently under this aspect of immigration law.