[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR244.9]



[Page 484-486]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 244_TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED STATES

--Table of Contents

 

Sec. 244.9  Evidence.



    (a) Documentation. Applicants shall submit all documentation as 

required in the instructions or requested by the Service. The Service 

may require proof of unsuccessful efforts to obtain documents claimed to 

be unavailable. If any required document is unavailable, an affidavit or 

other credible evidence may be submitted.

    (1) Evidence of identity and nationality. Each application must be 

accompanied by evidence of the applicant's identity and nationality, if 

available. If these documents are unavailable, the applicant shall file 

an affidavit showing proof of unsuccessful efforts to obtain such 

identity documents, explaining why the consular process is unavailable, 

and affirming that he or she is a national of the designated foreign 

state. A personal interview before an immigration officer shall be 

required for each applicant who fails to provide documentary proof of 

identity or nationality. During this interview, the applicant may 

present any secondary evidence that he or she feels would be helpful in 

showing nationality. Acceptable evidence in descending order of 

preference may consist of:



[[Page 485]]



    (i) Passport;

    (ii) Birth certificate accompanied by photo identification; and/or

    (iii) Any national identity document from the alien's country of 

origin bearing photo and/or fingerprint.

    (2) Proof of residence. Evidence to establish proof of continuous 

residence in the United States during the requisite period of time may 

consist of any of the following:

    (i) Employment records, which may consist of pay stubs, W-2 Forms, 

certification of the filing of Federal, State, or local income tax 

returns; letters from employer(s) or, if the applicant has been self 

employed, letters from banks, and other firms with whom he or she has 

done business. In all of the above, the name of the alien and the name 

of the employer or other interested organization must appear on the form 

or letter, as well as relevant dates. Letters from employers must be in 

affidavit form, and shall be signed and attested to by the employer 

under penalty of perjury. Such letters from employers must include:

    (A) Alien's address(es) at the time of employment;

    (B) Exact period(s) of employment;

    (C) Period(s) of layoff; and

    (D) Duties with the company.

    (ii) Rent receipts, utility bills (gas, electric, telephone, etc.), 

receipts, or letters from companies showing the dates during which the 

applicant received service;

    (iii) School records (letters, report cards, etc.) from the schools 

that the applicant or his or her children have attended in the United 

States showing name of school and period(s) of school attendance;

    (iv) Hospital or medical records showing medical treatment or 

hospitalization of the applicant or his or her children, showing the 

name of the medical facility or physician as well as the date(s) of the 

treatment or hospitalization;

    (v) Attestations by churches, unions, or other organizations of the 

applicant's residence by letter which:

    (A) Identifies applicant by name;

    (B) Is signed by an official whose title is also shown;

    (C) Shows inclusive dates of membership;

    (D) States the address where applicant resided during the membership 

period;

    (E) Includes the seal of the organization impressed on the letter or 

is on the letterhead of the organization, if the organization has 

letterhead stationery;

    (F) Establishes how the attestor knows the applicant; and

    (G) Establishes the origin of the information being attested to.

    (vi) Additional documents to support the applicant's claim, which 

may include:

    (A) Money order receipts for money sent in or out of the country;

    (B) Passport entries;

    (C) Birth certificates of children born in the United States;

    (D) Bank books with dated transactions;

    (E) Correspondence between the applicant and other persons or 

organizations;

    (F) Social Security card;

    (G) Selective Service card;

    (H) Automobile license receipts, title, vehicle registration, etc;

    (I) Deeds, mortgages, contracts to which applicant has been a party;

    (J) Tax receipts;

    (K) Insurance policies, receipts, or letters; and/or

    (L) Any other relevant document.

    (3) Evidence of eligibility under section 244(c)(2) of the Act. An 

applicant has the burden of showing that he or she is eligible for 

benefits under this part.

    (4) Evidence of valid immigrant or nonimmigrant status. In the case 

of an alien described in Sec. 244.2(f)(2), Form I-551 or Form I-94 must 

be submitted by the applicant.

    (b) Sufficiency of evidence. The sufficiency of all evidence will be 

judged according to its relevancy, consistency, credibility, and 

probative value. To meet his or her burden of proof the applicant must 

provide supporting documentary evidence of eligibility apart from his or 

her own statements.

    (c) Failure to timely respond. Failure to timely respond to a 

request for information, or to appear for a scheduled interview, without 

good cause, will be deemed an abandonment of the application and will 

result in a denial of the application for lack of prosecution.



[[Page 486]]



Such failure shall be excused if the request for information, or the 

notice of the interview was not mailed to the applicant's most recent 

address provided to the Service.



[56 FR 619, Jan. 7, 1991, as amended at 56 FR 23497, May 22, 1991; 58 FR 

58937, Nov. 5, 1993. Redesignated at 62 FR 10367, 10382, Mar. 6, 1997, 

as amended at 63 FR 63596, Nov. 16. 1998]