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Step 3: If the applicant entered the U.S. before August 22, 1996, but obtained qualified alien status after that date, the alien is only considered to have 'entered' the U.S. before August 22, 1996 if the individual entered the country and was continuously present from the latest date of entry to the date that s/he obtained qualified alien status (see Section 7.8.2: Determining 'Continuous Presence' in this Chapter).
Methods of Determining Date of Entry 7.8.1
ALL There are several types of documentation which can demonstrate that an individual entered the country prior to August 22, 1996. • Immigration Documents: Many immigration documents include date stamps that indicate either the date the individual entered the country or the date the document was issued (see Section 7.11: Verification of Citizenship/Alienage in this Chapter for a description of some of the date stamps that may be found on immigration documents). • SAVE System: In addition, the SAVE system provides printouts that include an entry called 'Date of Entry.' Unfortunately, INS has informed the Department that this line on the printout does not always refer to the date the individual entered the U.S., but sometimes it indicates the date the individual adjusted his/her immigration status. Thus, if the SAVE printout indicates a 'Date of Entry' that is before August 22, 1996, this can be taken as proof that the individual entered the country prior to this date. However, if the printout indicates a 'Date of Entry' that is on or after August 22, 1996, this cannot be taken as proof the individual entered the U.S. after this date. In such cases, the SSR should submit a G-845 form and the G-845 Supplement form to INS (see Exhibit IV-6: G-845 and Exhibit IV-7: G-845 Supplement). When it receives these forms, INS attempts to locate the alien’s case file and looks through the file to determine date of entry, immigration status, etc. In some cases, the case file may provide a different date of entry than has been entered into the SAVE system. However, even if the INS returns the forms and indicates a date of entry that is on or after August 22, 1996, and the individual continues to claim that s/he was here prior to that date, the SSR must give the individual an opportunity to present evidence that s/he was in the U.S. prior to August 22, 1996. • Additional Documentation Provided by Customer: If immigration documents and the SAVE system do not provide evidence that an individual entered the country prior to August 22, 1996, but the customer contends that s/he did enter the country prior to this date, the customer must be given an opportunity to provide additional evidence demonstrating that s/he did enter the country prior to August 22, 1996. Examples of additional information that would demonstrate that the individual had entered the country prior to August 22, 1996, include: o canceled checks or bank statements from a period before August 22, 1996; o a rent receipt, lease, mortgage, or other document indicating that the individual maintained a residence in the U.S. prior to August 22, 1996; o a written statement from an employer, landlord, or social service agency describing the relationship the applicant/recipient had with the statement writer prior to August 22, 1996; o drivers license issued prior to August 22, 1996; o written documentation (including a letter from the principal, report card, and so on) from a school showing that a member of the family attended the school prior to August 22, 1996; or o other reasonable evidence that demonstrates the individual resided in the U.S. prior to August 22, 1996.