Juan R., age 65, rents a room in a boarding house near the U.S./Mexican border. When
questioned about his residency, he presents a current weekly room receipt from his
landlord and a check-cashing card as evidence of U.S. residency. He claims 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 his neighborhood. He states that his family is in Mexico, but he doesn't
see them often. When asked for the names of persons who can attest to his U.S. residency,
he gives 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 he has rented a room for the
past several weeks but declines to sign a statement to that effect. The nephew confirms
his uncle's residence in a FO telephone call. The claimant declines to present any
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 his/her 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.