
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1361]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                         Part IX--Miscellaneous
 
Sec. 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.

(June 27, 1952, ch. 477, title II, ch. 9, Sec. 291, 66 Stat. 234; Pub. 
L. 97-116, Sec. 18(k)(1), Dec. 29, 1981, 95 Stat. 1620; Pub. L. 104-208, 
div. C, title III, Sec. 308(d)(4)(N), (e)(1)(N), (g)(9)(A), Sept. 30, 
1996, 110 Stat. 3009-618, 3009-619, 3009-624.)


                               Amendments

    1996--Pub. L. 104-208, Sec. 308(g)(9)(A), substituted ``part IV'' 
for ``Part V''.
    Pub. L. 104-208, Sec. 308(e)(1)(N), substituted ``removal'' for 
``deportation''.
    Pub. L. 104-208, Sec. 308(d)(4)(N), substituted ``inadmissible'' for 
``subject to exclusion'' in two places.
    1981--Pub. L. 97-116 substituted ``immigrant, special immigrant, 
immediate relative, or refugee'' for ``quota immigrant, or nonquota 
immigrant''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-208 effective, with certain transitional 
provisions, on the first day of the first month beginning more than 180 
days after Sept. 30, 1996, see section 309 of Pub. L. 104-208, set out 
as a note under section 1101 of this title.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section 
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this 
title.
