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Physical Presence or Residency in the United States
Undocumented immigrants should start
gathering documentation to prove when and how they
physically arrived in the United States and that they have lived
in the United States as their primary home since arrival. They
should also start gathering documentation to prove that they
have worked in the United States.
Some documentation to prove their
arrival in the United States might be the bus or plane tickets
used to travel to the United States or the receipts for such
tickets.
The Catholic Church recommends that
foreign nationals write out in a chronological format, starting
from the date the foreign national first entered the United
States:
- each address
where s/he has resided in the United States and the dates of
residence at each address;
- the name and
address of each employer and the beginning and ending dates
of employment at each job.
Then the foreign national can use this list to begin to
gather documentation to prove residence and employment for those
time periods. Foreign nationals should consider collecting
documentation in 3-month periods to prove that the foreign
national was in fact continuously physically present in
the United States.
Below is a list of documents that
help prove residency in the United States. Make sure that they
have the foreign national’s name on them – or the name of the
family member who wants to legalize. The foreign national
should gather as many of these documents as s/he can, make clear
photocopies of them, and store them in a safe place.
- Paycheck stubs and payroll
records
- Lease/Rental agreements/ /or
proof of security deposit payment
- Birth certificates of children
born in the United States
- Marriage certificates if married
in the United States
- Divorce degrees if divorced in
the United States
- Dental, hospital, medical
vaccination records and bills, and proof of payment
-
School
records, awards, certifications, diplomas, pictures, yearbooks,
etc.
-
Religious
records such as baptism, confirmation and registration
certificates
- Census records
-
Immigration and Naturalization Service/Department of Homeland
Security
- Form I-94, arrival/departure
record
- Valid (expired or un-expired)
passport with stamped date of admission into the United States.
-
Proof of
ownership of real estate (e.g., a home)
-
Proof of
application for home loan and proof of paying-off home loan
-
Proof of
purchase of an automobile and payments for automobile and car
insurance
-
Automobile registration, car title, license receipts and
Department of Motor Vehicle records
-
Department of Public Safety records
-
Insurance
invoices, claims, policies and payment of insurance
-
Utility
bills such as electricity, gas, heat, sewer, water, etc. and
telephone bills
-
Credit
card history in the United States (e.g., Sears card, etc.)
-
Social
Security records
-
Record of
payment of federal, state, and/or local taxes with W-2 forms
-
Union
records
-
Bank
records such as statements, cancelled checks and money order
receipts
-
Selective
Service registration card
-
Postmarked envelopes addressed to the foreign national here in
the United States
-
Photographs of celebrations in the
United States, preferably with dates marked on them
August 3, 2005
DISCLAIMER: This
handout is not legal advice. It is for educational and
informational purposes only. If you know of someone who needs legal
advice, advise him or her to consult either a licensed immigration
attorney or an
accredited representative from a
Board of Immigration Appeals (BIA) recognized agency.
An
undocumented foreign national should not seek legal advice from a
notario or an “immigration consultant” who is not accredited by the
BIA. |