Instructions For Application To Register Permanent Residence Or Adjust Status (Form I-485) (Page 29 of 42) in pdf

Evidence of Continuous Physical Presence

You do not need to submit documentation showing that you were present in the United States on every single day of the

three-year U nonimmigrant status period, but you should not have significant chronological gaps in your documentation.

To show continuous physical presence, you must submit Item Numbers 1. - 4. below:

1. Copies of every page of your passports or equivalent travel documents (or valid explanation of why the applicant does

not have such a document);

2. Documentation of any departure from, and return to, the United States while in U nonimmigrant status, including:

A. Date of departure;

B. Place of departure;

C. Length of departure;

D. Manner of departure (plane, boat, etc.);

E. Date of return; and

F. Place of return;

3. Evidence establishing continuous physical presence, including but not limited to:

A. Documentation issued by any governmental or nongovernmental authority as long as the documentation contains

your name, was dated at the time it was issued, and contains the normal signature, seal, or other authenticating

instrument of the authorized representative of the issuing authority;

B. Educational documents;

C. Employment records;

D. Certification that you filed Federal or state income tax returns showing that you attended school or worked in the

United States throughout the entire continuous physical presence period;

E. Documents showing installment payments, such as a series of monthly rent receipts or utility bills; or

F. A list of the type and date of documents already contained in your DHS file that establishes physical presence,

such as, but not limited to, a written copy of a sworn statement given to a DHS officer, a document from the

law enforcement agency attesting to the fact that you have continued to comply with requests for assistance, the

transcript of a formal hearing; and Form I-213, Record of Deportable-Inadmissible Alien; and

4. Your own affidavit attesting to your continuous physical presence.

If you do not have documentation to establish continuous physical presence, you must explain why in an affidavit and

provide additional affidavits from others with first-hand knowledge who can attest to your continuous physical presence

with specific facts. Your affidavit alone is not sufficient to show continuous physical presence.

Generally, you have failed to maintain continuous physical presence if you departed from the United States for any

trip that lasted longer than 90 days or for multiple trips that together exceeded 180 days. To show that you maintained

continuous physical presence despite taking these trips, you must submit a certification from the agency that signed Form

I-918, Supplement B, in support of your U nonimmigrant status stating that:

1. Your absence was necessary in order to assist in the investigation or prosecution of the qualifying criminal activity; or

2. Your absence was otherwise justified.

Form I-485 Instructions 06/26/17 N

Page 29 of 42

Instructions For Application To Register Permanent Residence Or Adjust Status (Form I-485) Page 29