410.216—“Good cause” for delayed filing of proof of support.
(a)
What constitutes “good cause.” Good cause may be found for failure to file proof of support within the 2-year period where the parent, brother, or sister establishes to the satisfaction of the Administration that such failure to file was due to:
(1)
Circumstances beyond the individual's control, such as extended illness, mental or physical incapacity, or communication difficulties; or
(3)
Efforts by the individual to secure supporting evidence without a realization that such evidence could be submitted after filing proof of support; or
(4)
Unusual or unavoidable circumstances, the nature of which demonstrate that the individual could not reasonably be expected to have been aware of the need to file timely the proof of support.
(b)
What does not constitute “good cause.” Good cause for failure to file timely such proof of support does not exist when there is evidence of record in the Administration that the individual was informed that he should file within the initial 2-year period and he failed to do so through negligence or intent not to file.