Sec. 127. Documentation requirements
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/bill/116/hr/6/pcs/section-127A 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 this title (whether on a conditional basis, or without the conditional basis as provided in section 113(c)(2)) may include, as evidence of identity, the following: 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. A State-issued identification card bearing the alien's name and photograph. Any other evidence determined to be credible by the Secretary. To establish that an alien was younger than 18 years of age on the date on which the alien entered the United States, and has continuously resided in the United States since such entry, as required under section 111(b)(1)(B), that an alien has been continuously physically present in the United States, as required under section 111(b)(1)(A), or that an alien has not abandoned residence in the United States, as required under section 113(a)(1)(B), the alien may submit the following forms of evidence:
Passport entries, including admission stamps on the alien’s passport. Any document from the Department of Justice or the Department of Homeland Security noting the alien’s date of entry into the United States. Records from any educational institution the alien has attended in the United States. Employment records of the alien that include the employer’s name and contact information, or other records demonstrating earned income. Records of service from the Uniformed Services. 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. 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. Automobile license receipts or registration. Deeds, mortgages, or rental agreement contracts. 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. Tax receipts.
Insurance policies. Remittance records, including copies of money order receipts sent in or out of the country. Travel records. Dated bank transactions. 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. Any other evidence determined to be credible by the Secretary.
To establish that an alien has been admitted to an institution of higher education, the alien may 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 may 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 111(b)(1)(D)(iii), the alien may submit to the Secretary the following: 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. Evidence that the alien obtained a recognized postsecondary credential. Any other evidence determined to be credible by the Secretary. To establish that an alien is enrolled in any school or education program described in section 111(b)(1)(D)(iv) or 113(a)(1)(C), the alien may 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 123(c), the alien may submit to the Secretary the following relevant documents: To establish that an alien meets an age requirement, the alien may 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 may provide— employment records or other records of earned income, including 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 two 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 is in foster care, lacks parental or familial support, or has a serious, chronic disability, the alien may provide at least two 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, 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 an alien satisfies one of the criteria for the hardship exemption set forth in section 113(a)(2)(C), the alien may submit to the Secretary at least two 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 may 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 earned income requirement under section 113(a)(1)(C)(iii) by submitting records that— establish compliance with such 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 earned income requirement by submitting at least two types of reliable documents that provide evidence of employment or other forms of earned income, including— bank records; business records; employer or contractor 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; remittance records; or any other evidence determined to be credible by the Secretary. 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 this title (whether on a conditional basis, or without the conditional basis as provided in section 113(c)(2)) is being obtained fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the use of such document or class of documents.