[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: 8CFR245.22]

[Page 552-553]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 245_ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT
 
Sec.  245.22  Evidence to demonstrate an alien's physical presence

in the United States on a specific date.

    (a) Evidence. Generally, an alien who is required to demonstrate his 
or her physical presence in the United States on a specific date in 
connection with an application to adjust status to that of an alien 
lawfully admitted for permanent residence should submit evidence 
according to this section. In cases where a more specific regulation 
relating to a particular adjustment of status provision has been issued 
in the 8 CFR, such regulation is controlling to the extent that it 
conflicts with this section.
    (b) The number of documents. If no one document establishes the 
alien's physical presence on the required date, he or she may submit 
several documents establishing his or her physical presence in the 
United States prior to and after that date.
    (c) Service-issued documentation. To demonstrate physical presence 
on a specific date, the alien may submit Service-issued documentation. 
Examples of acceptable Service documentation include, but are not 
limited to, photocopies of:
    (1) Form I-94, Arrival-Departure Record, issued upon the alien's 
arrival in the United States;
    (2) Form I-862, Notice to Appear, issued by the Service on or before 
the required date;
    (3) Form I-122, Notice to Applicant for Admission Detained for 
Hearing before Immigration Judge, issued by the Service on or prior to 
the required date, placing the applicant in exclusion proceedings under 
section 236 of the Act (as in effect prior to April 1, 1997);
    (4) Form I-221, Order to Show Cause, issued by the Service on or 
prior to the required date, placing the applicant in deportation 
proceedings under section 242 or 242A (redesignated as section 238)

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of the Act (as in effect prior to April 1, 1997); or
    (5) Any application or petition for a benefit under the Act filed by 
or on behalf of the applicant on or prior to the required date that 
establishes his or her presence in the United States, or a fee receipt 
issued by the Service for such application or petition.
    (d) Government-issued documentation. To demonstrate physical 
presence on the required date, the alien may submit other government 
documentation. Other government documentation issued by a Federal, 
State, or local authority must bear the signature, seal, or other 
authenticating instrument of such authority (if the document normally 
bears such instrument), be dated at the time of issuance, and bear a 
date of issuance not later than the required date. For this purpose, the 
term Federal, State, or local authority includes any governmental, 
educational, or administrative function operated by Federal, State, 
county, or municipal officials. Examples of such other documentation 
include, but are not limited to:
    (1) A state driver's license;
    (2) A state identification card;
    (3) A county or municipal hospital record;
    (4) A public college or public school transcript;
    (5) Income tax records;
    (6) A certified copy of a Federal, State, or local governmental 
record that was created on or prior to the required date, shows that the 
applicant was present in the United States at the time, and establishes 
that the applicant sought in his or her own behalf, or some other party 
sought in the applicant's behalf, a benefit from the Federal, State, or 
local governmental agency keeping such record;
    (7) A certified copy of a Federal, State, or local governmental 
record that was created on or prior to the required date, that shows 
that the applicant was present in the United States at the time, and 
establishes that the applicant submitted an income tax return, property 
tax payment, or similar submission or payment to the Federal, State, or 
local governmental agency keeping such record; or
    (8) A 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. 
Such evidence will only be accepted to document the physical presence of 
an alien who was in attendance and under the age of 21 on the specific 
date that physical presence in the United States is required.
    (e) Copies of records. It shall be the responsibility of the 
applicant to obtain and submit copies of the records of any other 
government agency that the applicant desires to be considered in support 
of his or her application. If the alien is not in possession of such a 
document or documents, but believes that a copy is already contained in 
the Service file relating to him or her, he or she 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.
    (f) Other relevant document(s) and evaluation of evidence. The 
adjudicator will consider any other relevant document(s) as well as 
evaluate all evidence submitted, on a case-by-case basis. The Service 
may require an interview when necessary.
    (g) Accuracy of documentation. In all cases, any doubts as to the 
existence, authenticity, veracity, or accuracy of the documentation 
shall be resolved by the official government record, with records of the 
Service having precedence over the records of other agencies. 
Furthermore, determinations as to the weight to be given any particular 
document or item of evidence shall be solely within the discretion of 
the adjudicating authority.

[67 FR 78674, Dec. 26, 2002]

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