What is the maximum period an alien can fail to maintain lawful status before being barred from adjusting their status, according to INA § 245(k)?

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The correct response is based on provisions outlined in the Immigration and Nationality Act (INA) § 245(k), which specifies that an alien is barred from adjusting status if they fail to maintain lawful status for more than 180 days. If an individual can prove that their failure to maintain lawful status was for 180 days or less, they would not be subject to this adjustment bar. This provision is critical for certain nonimmigrant visa holders, as it provides a pathway for those who have been in the U.S. and have not maintained their lawful status to still apply for adjustment of status under specific circumstances, provided they meet the criteria established by immigration law. Other potential durations, such as 90 days or less, 6 months or less, or 1 year or less, do not conform to the statutory language of § 245(k) and, therefore, do not relate to the maximum allowable time frame before facing the bar on status adjustment.

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