[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR244.9]

[Page 492-494]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 244_TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED
 
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

[[Page 493]]

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:
    (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.

[[Page 494]]

    (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. 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]