Adjustment of Status Application under section 245 (i)

Green Cards > Employment Based Green Card > Adjustment of Status Application under section 245 (i)

EVIDENCE OF PHYSICAL PRESENCE ON DECEMBER 21, 2001

Aliens adjusting status under section 245 (i) based on a visa petition or application for labor certification filed after January 14, 1998, and on before April 30, 2001, must prove physical presence in the United States on December 21, 2000. NOTE: The physical presence requirement only applies to principal applicants for adjustments of status under section 245 (i) of the Act. Dependent spouses and children do not need to demonstrate physical presence on December 21, 2000.

An alien may demonstrate physical presence by submitting a photocopy of a Federal State, or local Government issued document that demonstrates the alien’s physical presence in the United States on December 21, 2000. If the alien is not in possession of such document, but believes that a copy of document 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 off the issuing Government agency, the type if document and the date on which it was issued.

If the alien does not submit a Government-issued document that demonstrates his or her physical presence on December 21, 2000, such documentation must bear the name of the applicant, 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 stationary, or be otherwise authenticated.

In some instances, a single document may suffice to establish the applicant’s physical presence on December 21, 2000. In most cases, however, the alien will need to submit several documents. For example: bank records that show that an applicant made a mortgage payment on December 1, 2000, and again on January 1, 2001, would be acceptable. The dates documenting the alien’s physical presence prior to and after December 21, 2000, should be reasonably near to that date. The Service will not accept a personal affidavit of physical presence on December 21, 2000, without an interview or additional secondary information that validates the affidavit.

It is 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 is or her application.

Failure to comply will result in the REJECTION of your application or DENIAL of the application for adjustment of status (I-485) at the time of your scheduled interview.