How Can I Prove Physical Presence on December 21, 2000 for Adjustment of Status under INA § 245(i)?

As a non-citizen seeking to adjust status under INA § 245(i), you may be subject to a requirement of proving your physical presence in the United States on December 21, 2000. If you are the principal beneficiary of the original petition (filed between January 15, 1998 and April 30, 2001), then you will need to prove your physical presence in the United States on December 21, 2000.

Likewise, if you are a derivative beneficiary (spouses and children under 21 of principal) and the original petition was filed after January 14, 1998, then you must prove physical presence of the principal beneficiary on December 21, 2000. Considering that this date is well over twenty years ago, it can be quite difficult to provide this proof; however, it's not impossible. In this blog post, we will discuss the various types of evidence that you can use to prove physical presence on December 21, 2000.

First, let's start with what constitutes physical presence. Physical presence means that you were physically present in the United States on December 21, 2000. This includes being physically present at any time during the day, including the evening of December 21, 2000. The goal is to provide a document or collection of documents that show you were physically present on this date.

If you have a document that definitively shows you were in the U.S. on that date (e.g., medical records showing a hospital stay or school records, etc.), then you would submit that record; however, many people do not necessarily have a document for that specific date. Fortunately, you can provide multiple documents from as close as possible before and after December 21, 2000 to show that you were in the United States. These documents can act as circumstantial evidence that there is a strong likelihood that you were physically present on that date.

Now, in terms of the types of evidence that you can use to prove physical presence, the below is a list of just some of the documents you can submit to USCIS:

Travel Records: Any travel records such as airline tickets, boarding passes, or travel itineraries that show that you were in the United States on or before December 21, 2000 (or shortly after), can be used as evidence. If you entered the United States on a nonimmigrant visa, you can use your I-94 arrival/departure record to prove your physical presence.
Employment Records: Any employment records such as pay stubs, tax records, or letters from your employer that show that you were employed in the United States on or before December 21, 2000 (or shortly after), can be used as evidence. If you were self-employed, you can provide copies of your business records such as invoices, receipts, and bank statements to prove your physical presence.
Utility Bills and Lease Agreements: Utility bills such as electricity, water, and gas bills, and lease agreements that show your name and address can be used to prove your physical presence. These documents must show that you were living in the United States on or before December 21, 2000 (or shortly after).
School Records: If you or your children were attending school in the United States on or before December 21, 2000 (or shortly after), you can provide school records such as report cards, attendance records, enrollment letters, and transcripts to prove your physical presence.
Medical Records: If you received medical treatment in the United States on or before December 21, 2000 (or shortly after), you can provide medical records such as doctor's notes, bills, and receipts to prove your physical presence.
Affidavits: You can also provide affidavits from individuals who can attest to your physical presence on or before December 21, 2000 (or shortly after). These individuals can be friends, family members, or employers who can confirm that they saw you in the United States on or before December 21, 2000 (or shortly after). However, affidavits should be a last resort as these are the weakest forms of evidence when it comes to proving physical presence. Unfortunately, USCIS presumes that friends and family members would be willing to lie for you if it meant that your application would get approved.

In conclusion, if you are subject to the physical presence requirement, it is absolutely crucial that you provide sufficient evidence proving physical presence, as the ultimate application will depend on it and failing to do so will result in a denial of your case.

If you have any questions about the physical presence requirement or Adjustment under INA § 245(i), please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online and we'd be happy to discuss these issues further and help you reach a resolution. Our experienced immigration attorneys are here to provide the advice you need.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.