|
U.S. Code as of:
01/03/05
Section 1361. Burden of proof upon alien
Whenever any person makes application for a visa or any other
document required for entry, or makes application for admission, or
otherwise attempts to enter the United States, the burden of proof
shall be upon such person to establish that he is eligible to
receive such visa or such document, or is not inadmissible under
any provision of this chapter, and, if an alien, that he is
entitled to the nonimmigrant, immigrant, special immigrant,
immediate relative, or refugee status claimed, as the case may be.
If such person fails to establish to the satisfaction of the
consular officer that he is eligible to receive a visa or other
document required for entry, no visa or other document required for
entry shall be issued to such person, nor shall such person be
admitted to the United States unless he establishes to the
satisfaction of the Attorney General that he is not inadmissible
under any provision of this chapter. In any removal proceeding
under part IV of this subchapter against any person, the burden of
proof shall be upon such person to show the time, place, and manner
of his entry into the United States, but in presenting such proof
he shall be entitled to the production of his visa or other entry
document, if any, and of any other documents and records, not
considered by the Attorney General to be confidential, pertaining
to such entry in the custody of the Service. If such burden of
proof is not sustained, such person shall be presumed to be in the
United States in violation of law.
|
|