> Yes, those documents would be enought
>
> Mo007 wrote in message
> news:<34$259284$1720586$1097457544@britishexpats.com>...
> > Hi
> >
> > I had a petition filed for me Dec 17, 2000... 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 in the country the
> > day
> > the act was signed.
> >
> > Here is my question... I was in the US that day, but left
> > afterwards,
> > never thinking one day I would be in a position to get into a mess
> > and
> > will need to use 245i to apply for a green-card. I was in the US for
> > a
> > brief period during the 2000 xmas holidays, and I entered the coutry
> > through CANADA. During that time, I stayed in a hotel (whic I could
> > obtain a receipt if necessary to proof I was in the country), and
> > also
> > rented a car (a receipt can be obtained on this too i think! through
> > the
> > company i rented the car from)... will these documents be enought to
> > satisfy the requirement 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.
Have you had or heard a similar experience? and how deep does the USCIS
look into individual cases... I am just little worried they wont believe
me being in the country since I came through CANADA, and have no I94
evidence for that entry. However, I do have an I94 for the later entry,
which I will use for AOS.
Thanks
--
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