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Thread: 245i and Physical Presence Condition

  1. #1
    Hi

    There is this person who had a petitioned filed for him on Dec 17, 2000 by his dad... 4 days before 245i was grand-fathered. And there is this "physical presence condition" to proof the person who wants to benefit from this act to have been in the country the day the act was signed.

    Here is my question... he was in the US that day, but left afterwards, never thinking one day he would be in a position to get into a mess and will need to use 245i to apply for a green-card. He was in the US for a brief period during the 2000 xmas holidays, and he entered the country through CANADA. During that time, he stayed in a hotel (which he could obtain a receipt if necessary to proof he was in the country), and also he rented a car during this period (a receipt can also be obtained, he thinks! - through the company he rented the car from)... will these documents be enough to satisfy the requirements for "physical presence"?

    I am also posting a background on this provision for those who are familiar with...

    Thanks


    --------------------------------------------------------------------------------

    April 8, 2001
    PROOF FOR SECTION 245(i) APPLICATION [more]
    What kind of proof can I submit with my Section 245(i) adjustment-of-status application to demonstrate that I was in the United States on December 21, 2000?

    Government-issued documents are preferable as proof of physical presence, and INS and the Executive Office for Immigration Review (EOIR) documents have precedence over the records of other agencies (see Q15 and Q16). If there are no government-issued documents that demonstrate your physical presence in the United States on December 21, 2000, INS will accept and evaluate non-government issued documents as well (see Q17). You may submit photocopies of government-issued documents as well as non-government-issued documents that establish your physical presence.
    You may have a single document that may suffice to establish your physical presence on December 21, 2000. But if you do not possess documentation that contains the exact date of December 21, 2000, you may need to submit several documents to prove that you were physically present in the United States prior to, as well as after December 21, 2000.
    INS will evaluate all evidence on a case-by-case basis and will not accept a personal affidavit attesting to your physical presence on December 21, 2000, without requiring an interview or additional evidence to validate the affidavit.

    Specifically, what kind of INS documentation can I submit to prove that I was physically present in the United States on December 21, 2000?

    Examples of acceptable INS documentation include, but are not limited to:

    Photocopy of the Form I-94, Arrival-Departure Record, issued upon your arrival in the United States;
    Photocopy of Form I-862, Notice to Appear;
    Photocopy of the Form I-122, Notice to Applicant for Admission Detained for Hearing before Immigration Judge, issued by INS on or prior to December 21, 2000, placing you in exclusion proceedings;
    Photocopy of the Form I-221, Order to Show Cause, issued by INS on or prior to December 21, 2000, placing you in deportation proceedings;
    Photocopy of any application or petition for an immigration benefit filed by you or on your behalf on or prior to December 21, 2000, which establishes your presence in the United States, or your INS fee receipt for the application or petition.
    If you don't have the document(s) but believe that a copy is already contained in your INS file, you may submit a statement as to the name and location of the issuing federal, state, or local government agency, the type of document and the date on which it was issued. When processing your case, INS will look in your INS file to find the document(s) you specify. You do not need to file a Freedom of Information Act (FOIA) request to obtain the actual document(s) from your INS file.
    Specifically, what kind of other government documentation can I submit to prove that I was physically present in the United States on December 21, 2000?

    Examples of such other government documentation include, but are not limited to:

    State driver's license;
    State identification card;
    County or municipal hospital record;
    Public college or public school transcript;
    Income tax records;
    Certified copy of a federal, state or local governmental record which was created on or prior to December 21, 2000, and filed by you or on your behalf to seek a benefit from that federal, state or local governmental agency;
    Certified copy of a federal, state or local governmental record which was created on or prior to December 21, 2000, that establishes that you submitted an income tax return, property tax payment, or similar submission or payment to that federal, state or local governmental agency;
    Your transcript from a private or religious school - that is registered with, or approved or licensed by, appropriate state or local authorities, accredited by the state or regional accrediting body, or by the appropriate private school association - or maintains enrollment records in accordance with state or local requirements or standards.
    You will need to obtain the document(s) from other government (non-INS) agencies and submit photocopies of those records.
    Specifically, what kind of non-government documentation can I submit to prove that I was physically in the United States on December 21, 2000?

    Examples of such non-government documentation include, but are not limited to:

    School records;
    Rental receipts;
    Utility bill receipts;
    Any other dated receipts;
    Personal checks written by the applicant bearing a bank cancellation stamp;
    Employment records, including pay stubs;
    Credit card statements showing the dates of purchase, payment, or other transaction;
    Certified copies of records maintained by organizations chartered by the Federal or State government, such as public utilities, accredited private and religious schools, and banks;
    If you established that you were part of a family unit living in the United States, documents proving the presence of another member of your family unit; and
    If you have ongoing correspondence or other interaction with INS, a list of the types and dates of such correspondence or other contact that you know are to be contained in INS records.
    Such non-government documentation must indicate your name, have been dated at the time it was issued, and bear the seal or signature of the issuing authority (if the documentation is normally signed or sealed), be issued on letterhead stationery, or be otherwise authenticated.

  2. #2
    Hi

    There is this person who had a petitioned filed for him on Dec 17, 2000 by his dad... 4 days before 245i was grand-fathered. And there is this "physical presence condition" to proof the person who wants to benefit from this act to have been in the country the day the act was signed.

    Here is my question... he was in the US that day, but left afterwards, never thinking one day he would be in a position to get into a mess and will need to use 245i to apply for a green-card. He was in the US for a brief period during the 2000 xmas holidays, and he entered the country through CANADA. During that time, he stayed in a hotel (which he could obtain a receipt if necessary to proof he was in the country), and also he rented a car during this period (a receipt can also be obtained, he thinks! - through the company he rented the car from)... will these documents be enough to satisfy the requirements for "physical presence"?

    I am also posting a background on this provision for those who are familiar with...

    Thanks


    --------------------------------------------------------------------------------

    April 8, 2001
    PROOF FOR SECTION 245(i) APPLICATION [more]
    What kind of proof can I submit with my Section 245(i) adjustment-of-status application to demonstrate that I was in the United States on December 21, 2000?

    Government-issued documents are preferable as proof of physical presence, and INS and the Executive Office for Immigration Review (EOIR) documents have precedence over the records of other agencies (see Q15 and Q16). If there are no government-issued documents that demonstrate your physical presence in the United States on December 21, 2000, INS will accept and evaluate non-government issued documents as well (see Q17). You may submit photocopies of government-issued documents as well as non-government-issued documents that establish your physical presence.
    You may have a single document that may suffice to establish your physical presence on December 21, 2000. But if you do not possess documentation that contains the exact date of December 21, 2000, you may need to submit several documents to prove that you were physically present in the United States prior to, as well as after December 21, 2000.
    INS will evaluate all evidence on a case-by-case basis and will not accept a personal affidavit attesting to your physical presence on December 21, 2000, without requiring an interview or additional evidence to validate the affidavit.

    Specifically, what kind of INS documentation can I submit to prove that I was physically present in the United States on December 21, 2000?

    Examples of acceptable INS documentation include, but are not limited to:

    Photocopy of the Form I-94, Arrival-Departure Record, issued upon your arrival in the United States;
    Photocopy of Form I-862, Notice to Appear;
    Photocopy of the Form I-122, Notice to Applicant for Admission Detained for Hearing before Immigration Judge, issued by INS on or prior to December 21, 2000, placing you in exclusion proceedings;
    Photocopy of the Form I-221, Order to Show Cause, issued by INS on or prior to December 21, 2000, placing you in deportation proceedings;
    Photocopy of any application or petition for an immigration benefit filed by you or on your behalf on or prior to December 21, 2000, which establishes your presence in the United States, or your INS fee receipt for the application or petition.
    If you don't have the document(s) but believe that a copy is already contained in your INS file, you may submit a statement as to the name and location of the issuing federal, state, or local government agency, the type of document and the date on which it was issued. When processing your case, INS will look in your INS file to find the document(s) you specify. You do not need to file a Freedom of Information Act (FOIA) request to obtain the actual document(s) from your INS file.
    Specifically, what kind of other government documentation can I submit to prove that I was physically present in the United States on December 21, 2000?

    Examples of such other government documentation include, but are not limited to:

    State driver's license;
    State identification card;
    County or municipal hospital record;
    Public college or public school transcript;
    Income tax records;
    Certified copy of a federal, state or local governmental record which was created on or prior to December 21, 2000, and filed by you or on your behalf to seek a benefit from that federal, state or local governmental agency;
    Certified copy of a federal, state or local governmental record which was created on or prior to December 21, 2000, that establishes that you submitted an income tax return, property tax payment, or similar submission or payment to that federal, state or local governmental agency;
    Your transcript from a private or religious school - that is registered with, or approved or licensed by, appropriate state or local authorities, accredited by the state or regional accrediting body, or by the appropriate private school association - or maintains enrollment records in accordance with state or local requirements or standards.
    You will need to obtain the document(s) from other government (non-INS) agencies and submit photocopies of those records.
    Specifically, what kind of non-government documentation can I submit to prove that I was physically in the United States on December 21, 2000?

    Examples of such non-government documentation include, but are not limited to:

    School records;
    Rental receipts;
    Utility bill receipts;
    Any other dated receipts;
    Personal checks written by the applicant bearing a bank cancellation stamp;
    Employment records, including pay stubs;
    Credit card statements showing the dates of purchase, payment, or other transaction;
    Certified copies of records maintained by organizations chartered by the Federal or State government, such as public utilities, accredited private and religious schools, and banks;
    If you established that you were part of a family unit living in the United States, documents proving the presence of another member of your family unit; and
    If you have ongoing correspondence or other interaction with INS, a list of the types and dates of such correspondence or other contact that you know are to be contained in INS records.
    Such non-government documentation must indicate your name, have been dated at the time it was issued, and bear the seal or signature of the issuing authority (if the documentation is normally signed or sealed), be issued on letterhead stationery, or be otherwise authenticated.

  3. #3

  4. #4
    This can be tricky, if one was illegal and applying under the 245(i) they were not eleigible for advance parole, in other words not advised to leave under any conditions BECAUSE they could and would if caught, face the bar. And lose all chance to adjust. I am not a lawyer but this is what my lawyer told me.

  5. #5
    The person I was talking about have recently became illegal, he overstayed his visa. He was "legal" pre-2003.

  6. #6
    Hi Mo
    I think the person need to present a document that bear his or her name or signature prior and after 12/20/2000 to establish a presence on the date 12/20/2000. The best document would be a receipt that showed the date 12/20/2000.

  7. #7
    Hi familybased.. how are you?

    So how far is considered prior, and how far is considered after?

    From what I read, if the applicant cannot show a document dated Dec 21, 2000 - then more documents are needed. So, I think either one with the date the bill was signed... or more than one if you dont posses one document with that date.

    Do you think Hotel receipts in the US or Car Rental receipt will do it? This person left the US in JAnuary 2001, and came back Summer 2001.

  8. #8
    A friend of mine recently filed to adjust his status under 245i and got approved. I think he is under F3 with the priority date Feb 1997. He did not have to provide any documents for physical presence. is it something new? you may not need it anyway.

  9. #9
    Your friend filed before January 1998... so he exempt from the "phyisical presence" condition.

  10. #10
    Bank statement showing activity on December 21, 2000 will do. As well as phone records.

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