Juan R., age 65, rents a room in a boarding house near the U.S./Mexican border. When
questioned about their residency, they present a current weekly room receipt from
their landlord and a check-cashing card as evidence of U.S. residency. They claim
to have no other evidence. The CR, concluding that the weekly room receipt establishes
only a temporary living arrangement; and the establishment listed on the check cashing
card issues cards without regard to residence, questions the claimant further.
Upon questioning, Juan has difficulty answering questions about businesses, streets
or neighbors in their neighborhood. They state that their family is in Mexico, but
they don't see them often. When asked for the names of persons who can attest to their
U.S. residency, they give only the name of a nephew who lives in the same town and
the owner of the boarding house. The boarding house owner verifies that they have
rented a room for the past several weeks but declines to sign a statement to that
effect. The nephew confirms their uncle's residence in a FO telephone call. The claimant
declines to present any additional evidence.
U.S. residency is not established because the combination of evidence submitted does
not meet the evidence requirements. Although the two documents presented are listed
as “convincing” evidence in GN 00303.740C.1., the CR determines that they are insufficient, based on their knowledge of the local
area. Only one verbal statement obtained is from a disinterested person and answers
to open-ended questions about the neighborhood reflect the claimant's unfamiliarity
with the area.
The CR prepares a special determination to document the finding that U.S. residency
is not met.