Sec. 306. Documentation requirements
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/bill/116/hr/6/ih/section-306A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An alien’s application for permanent resident status under title I (whether on a conditional basis, or without the conditional basis as provided in section 105(c)(2)) or under title II, may include, as proof of identity— a passport or national identity document from the alien’s country of origin that includes the alien’s name and the alien’s photograph or fingerprint; the alien’s birth certificate and an identity card that includes the alien’s name and photograph; a school identification card that includes the alien’s name and photograph, and school records showing the alien’s name and that the alien is or was enrolled at the school; a Uniformed Services identification card issued by the Department of Defense; any immigration or other document issued by the United States Government bearing the alien’s name and photograph; or a State-issued identification card bearing the alien's name and photograph.
To establish that an alien has been continuously physically present in the United States, as required under sections 102(b)(1)(A) and 202(c)(1)(B), or to establish that an alien has not abandoned residence in the United States, as required under section 105(a)(1)(B), the alien may submit documents to the Secretary, including— employment records of the alien that include the employer’s name and contact information; records from any educational institution the alien has attended in the United States; records of service from the Uniformed Services; official records from a religious entity confirming the alien’s participation in a religious ceremony; passport entries; a birth certificate for a child of the alien who was born in the United States; automobile license receipts or registration; deeds, mortgages, or rental agreement contracts; tax receipts; insurance policies; remittance records; rent receipts or utility bills bearing the alien’s name or the name of an immediate family member of the alien, and the alien’s address; copies of money order receipts for money sent in or out of the United States; dated bank transactions; or two or more sworn affidavits from individuals who are not related to the alien who have direct knowledge of the alien’s continuous physical presence in the United States, that contain— the name, address, and telephone number of the affiant; and the nature and duration of the relationship between the affiant and the alien.
To establish under section 102(b)(1)(B) that an alien was younger than 18 years of age on the date on which the alien initially entered the United States, an alien may submit documents to the Secretary, including— an admission stamp on the alien’s passport; records from any educational institution the alien has attended in the United States; any document from the Department of Justice or the Department of Homeland Security stating the alien’s date of entry into the United States; hospital or medical records showing medical treatment or hospitalization, the name of the medical facility or physician, and the date of the treatment or hospitalization; rent receipts or utility bills bearing the alien’s name or the name of an immediate family member of the alien, and the alien’s address; employment records that include the employer’s name and contact information; official records from a religious entity confirming the alien’s participation in a religious ceremony; a birth certificate for a child who was born in the United States; automobile license receipts or registration; deeds, mortgages, or rental agreement contracts; tax receipts; travel records; copies of money order receipts sent in or out of the country; dated bank transactions; remittance records; or insurance policies.
To establish that an alien has been admitted to an institution of higher education, the alien shall submit to the Secretary a document from the institution of higher education certifying that the alien— has been admitted to the institution; or is currently enrolled in the institution as a student. To establish that an alien has acquired a degree from an institution of higher education in the United States, the alien shall submit to the Secretary a diploma or other document from the institution stating that the alien has received such a degree.
To establish that in the United States an alien has earned a high school diploma or a commensurate alternative award from a public or private high school, has obtained the General Education Development credential, or otherwise has satisfied section 102(b)(1)(D)(ii), the alien shall submit to the Secretary— a high school diploma, certificate of completion, or other alternate award; a high school equivalency diploma or certificate recognized under State law; evidence that the alien passed a State-authorized exam, including the General Education Development test, in the United States; evidence that the alien successfully completed an area career and technical education program, such as a certification, certificate, or similar alternate award; or evidence that the alien obtained a recognized postsecondary credential.
To establish that an alien is enrolled in any school or education program described in section 102(b)(1)(D)(iii), 102(c)(4)(B), or 105(a)(1)(C), the alien shall submit school records from the United States school that the alien is currently attending that include— the name of the school; and the alien’s name, periods of attendance, and current grade or educational level. To establish that an alien is exempt from an application fee under section 302(c), the alien shall submit to the Secretary the following relevant documents:
To establish that an alien meets an age requirement, the alien shall provide proof of identity, as described in subsection (a), that establishes that the alien is younger than 18 years of age. To establish the alien’s income, the alien shall provide— employment records that have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency; bank records; or at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien’s work and income that contain— the name, address, and telephone number of the affiant; and the nature and duration of the relationship between the affiant and the alien.
To establish that the alien was in foster care, lacks parental or familial support, is homeless, or has a serious, chronic disability, the alien shall provide at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that contain— a statement that the alien is in foster care, otherwise lacks any parental or other familiar support, is homeless, or has a serious, chronic disability, as appropriate; the name, address, and telephone number of the affiant; and the nature and duration of the relationship between the affiant and the alien.
To establish that the alien has debt as a result of unreimbursed medical expenses, the alien shall provide receipts or other documentation from a medical provider that— bear the provider’s name and address; bear the name of the individual receiving treatment; and document that the alien has accumulated $10,000 or more in debt in the past 12 months as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien. To establish that an alien satisfies one of the criteria for the hardship exemption set forth in section 105(a)(2)(A)(iii), the alien shall submit to the Secretary at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that warrant the exemption, that contain— the name, address, and telephone number of the affiant; and the nature and duration of the relationship between the affiant and the alien.
To establish that an alien has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge, the alien shall submit to the Secretary— a Department of Defense form DD–214; a National Guard Report of Separation and Record of Service form 22; personnel records for such service from the appropriate Uniformed Service; or health records from the appropriate Uniformed Service. An alien may satisfy the employment requirement under section 105(a)(1)(C)(iii) by submitting records that— establish compliance with such employment requirement; and have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency.
An alien who is unable to submit the records described in paragraph
(1)may satisfy the employment requirement by submitting at least 2 types of reliable documents that provide evidence of employment, including— bank records; business records; employer records; records of a labor union, day labor center, or organization that assists workers in employment; sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien’s work, that contain— the name, address, and telephone number of the affiant; and the nature and duration of the relationship between the affiant and the alien; and remittance records. If the Secretary determines, after publication in the Federal Register and an opportunity for public comment, that any document or class of documents does not reliably establish identity or that permanent resident status under title I (whether on a conditional basis, or without the conditional basis as provided in section 105(c)(2)) or under title II is being obtained fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the use of such document or class of documents.