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DAP Forums > DREAM Act > The Lounge

OFFICIAL: How to Prove Presence on 15th Thread

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#1
08-15-2012, 01:39 PM
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Hi Everyone,

I've had this question myself and I see other people who are also struggling on the issue, so I thought I'd create a thread where everyone can gather and pool their information on just this one question:

How do I prove that I was present on June 15th 2012?

For many of us this is easy, but for many it is not. I'll list all the reasons why:

1. No employment records (no ss, no job, or can't find one under the table)
2. No school records (no one goes to school in summer)
3. No medical records (not everyone needs to go to the doctor that day)
4. No rent receipts of utility bills (not everyone lives on their own or can afford to)
5. No military records (not everyone goes to the military
6. Passport entries (not everyone has a passport)
7. Religious records (not everyone needs to be baptized that day)
8. Money order receipts (if you're 15, 16, or 17 you probably don't wire money)
9. Dated bank transactions (not everyone even has a bank account)

Now that we know the reasons why a lot of us don't have evidence for this, I do know that they accept "circumstantial evidence". According to USCIS...

Will USCIS consider circumstantial evidence that I have met certain guidelines?

Circumstantial evidence may be used to establish the following guidelines and factual showings if available documentary evidence is insufficient or lacking and shows that:

You were physically present in the United States on June 15, 2012;
You came to the United States before reaching your 16th birthday;
You satisfy the five year continuous residence requirement, as long as you present direct evidence of your continued residence in the United States for a portion of the required five-year period and the circumstantial evidence is used only to fill in gaps in the length of continuous residence demonstrated by the direct evidence; and
Any travel outside the United States during the five years of required continuous presence was brief, casual, and innocent.

However, USCIS will not accept circumstantial evidence as proof of any of the following guidelines to demonstrate that you:

Were under the age of 31 on June 15, 2012; and
Are currently in school,
have graduated or obtained a certificate of completion from high school,
have obtained a General Education Development (GED) certificate,
or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.

For example, if you do not have documentary proof of your presence in the United States on June 15, 2012, you may nevertheless be able to satisfy the guideline circumstantially by submitting credible documentary evidence that you were present in the United States shortly before and shortly after June 15, 2012, which under the facts presented may give rise to an inference of your presence on June 15, 2012 as well. However, circumstantial evidence will not be accepted to establish that you have graduated high school. You must submit direct documentary evidence to satisfy that you meet this guideline.


Now my question is, what can be considered as circumstantial evidence?

The only thing I can think of is my cellphone records. I'm under a family plan, so the bill isn't in my name, though the line is under my name and it shows that I definitely made calls that day.

The next thing I can think of is mail. My associates degree came in a week before in the mail at June 7, 2012.

Everyone that's about all I can think of, but if anyone else is in the same pit as me want to contribute, or anyone that went to a workshop and definitely know, please by all means, let's all help each other!
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#2
08-15-2012, 01:45 PM
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Also, if you're currently in high school and have trouble with evidence, see if you have a copy or can print out a copy of your attendance records.
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#3
08-15-2012, 01:47 PM
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I'd love to, except for I'm finished in high school, and even if I was still in high school, classes end by early June
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#4
08-15-2012, 01:48 PM
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Quote:
Originally Posted by Dreamer91 View Post
I'd love to, except for I'm finished in high school, and even if I was still in high school, classes end by early June
Exactly my point.
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#5
08-15-2012, 01:51 PM
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I think this is even harder for high schoolers, and I completely recognize that it's a RIDICULOUS requirement. If anyone knows anything though, share and let everyone know!
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#6
08-15-2012, 01:59 PM
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There are no "requirements" only "guidelines", so...
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#7
08-15-2012, 02:12 PM
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Check you emails. Maybe you'll find something there like correspondence, confirmation emails (I discovered quite a few invoices this way). Check your Xbox Live account, Netflix, cell phone records, facebook, photographs, amazon orders, and anything else you may think of .

Think like a detective.

I know it's difficult to prove we were here exactly on June 15. I have the same problem. It would be a tricky thing to prove for a lot of legal residents let alone illegal immigrants. I don't think they expect solid evidence from that day and that day only. That would be unrealistic. The closest thing I have to proving my presence here on June 15 is an orthodontic bill for an appointment on June 6, Shutterfly invoice from June 4 and Amazon invoice from June 29. I couldn't find anything else. If that doesn't prove I've been here on June 15 I don't know what will.
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08-15-2012, 02:18 PM
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I have a question about the employer letter. I currently work for my brother (he is a US Citizen and has his own business), and I asked him to write a letter stating the information required on the I-821D instructions. My question is, would he get in trouble for employing me? Would I get in trouble with the USCIS for submitting that letter?
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#9
08-15-2012, 02:22 PM
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I'm not an expert, but I don't think so at all. All the information that we submit is classified and is not leaked to ICE or anywhere unless it's an important criminal record. A lot of DREAMERS work under the table and using documents from work to prove presence and income, so I'm pretty sure you'll be okay
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#10
08-15-2012, 02:23 PM
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Quote:
Originally Posted by Dreamer91 View Post
I'm not an expert, but I don't think so at all. All the information that we submit is classified and is not leaked to ICE or anywhere unless it's an important criminal record. A lot of DREAMERS work under the table and using documents from work to prove presence and income, so I'm pretty sure you'll be okay

Thank you for your answer. My brother has helped me and my family so much that I really wouldn't want to harm him or his business.
Thank you again!
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