S.Amdt. 3964Senate109th Congress (2005-2007)

To modify the burden of proof requirements for purposes of adjustment of status.

What it does: 2 changes: replaces text, inserts text
Submitted May 15, 2006

What it changes

2 changes to S. 2611

Replaces textInserts text
  1. Change 1: Rewrites page 350, line 1 through “inference.” on page 351, line 1

    ReplacesPrinted page

    Removes page 350, line 1 through “inference.” on page 351, line 1 of the printed bill. See that page

    Inserted: (II) Other documents.--An alien who is unable to submit a document described in subclause (I) may satisfy the requirement in clause (i) by submitting to the Secretary at least 2 other types of reliable documents that provide evidence of employment for each required period of employment, including--

    Inserted: (aa) bank records;

    Inserted: (bb) business records;

    Inserted: (cc) sworn affidavits from non-relatives who have direct knowledge of the alien's work, including the name, address, and phone number of the affiant, the nature and duration of the relationship between the affiant and the alien, and other verification information; or

    Inserted: (dd) remittance records.

    Inserted: (v) Burden of proof.--An alien applying for adjustment of status under this subsection has the burden of proving by a preponderance of the evidence that the alien has satisfied the employment requirements in clause (i).

    Original wording

    Beginning on page 350, strike line 1 and all that follows through “inference.” on page 351, line 1, and insert the following:

  2. Change 2: Inserts “, including the name, address, and phone number of the affiant, the nature and duration o…” after “work”

    InsertsPage 374, line 22Printed page

    …work[inserted: , including the name, address, and phone number of the affiant, the nature and duration of the relationship between the affiant and the alien, and other verification information]…

    Original wording

    On page 374, line 22, insert after “work” the following: “, including the name, address, and phone number of the affiant, the nature and duration of the relationship between the affiant and the alien, and other verification information”

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

Beginning on page 350, strike line 1 and all that follows through “inference.” on page 351, line 1, and insert the following:

“(II) Other documents.--An alien who is unable to submit a document described in subclause (I) may satisfy the requirement in clause (i) by submitting to the Secretary at least 2 other types of reliable documents that provide evidence of employment for each required period of employment, including--

“(aa) bank records;

“(bb) business records;

“(cc) sworn affidavits from non-relatives who have direct knowledge of the alien's work, including the name, address, and phone number of the affiant, the nature and duration of the relationship between the affiant and the alien, and other verification information; or

“(dd) remittance records.

“(v) Burden of proof.--An alien applying for adjustment of status under this subsection has the burden of proving by a preponderance of the evidence that the alien has satisfied the employment requirements in clause (i).

On page 374, line 22, insert after “work” the following: “, including the name, address, and phone number of the affiant, the nature and duration of the relationship between the affiant and the alien, and other verification information”

Legislative Activity

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Senate amendment agreed to: Amendment SA 3964 agreed to in Senate by Voice Vote.

May 18, 2006

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Senate amendment agreed to: Amendment SA 3964 agreed to in Senate by Voice Vote.

May 18, 2006

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Senate amendment proposed (on the floor): Amendment SA 3964 proposed by Senator Vitter.(consideration: CR S4750-4752: text: CR S4750)

May 18, 2006

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Amendment SA 3964 proposed by Senator Vitter. (consideration: CR S4750-4752: text: CR S4750) To modify the burden of proof requirements for purposes of adjustment of status.

May 18, 2006

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Amendment SA 3964 agreed to in Senate by Voice Vote.

May 18, 2006

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Senate amendment submitted

May 15, 2006