Monday, April 26, 2010

THE LAW ON THE BOOKS IS CLEAR!!

THE LAW ON THE BOOKS IS CLEAR!!

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U.S. Code TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part IX > § 1361

§ 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.

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READ THE LAST SENTENCE OVER AND OVER IF YOU HAVE ANY QUESTIONS:

If such burden of proof is not sustained, such person shall be presumed to be in the United States in violation of law.

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Use of green card as an identity card

The card must be in the possession of the U.S. permanent resident at all times. This means that the permanent resident must have a currently valid card on the person at all times and be able to show it to a United States Citizenship and Immigration Services officer, if requested. Though aliens with permanent resident status are required to carry these identification cards, American citizens are not required to carry any citizenship identification (because no crime is being committed if you do not carry identification). Before the September 11, 2001 attacks, while status was checked when the permanent resident returned from foreign travel, the requirement to carry the green card was almost never enforced when residents traveled domestically. After that, officials from the United States Department of State began occasionally asking people if they were U.S. citizens or not, and in the latter case began enforcing the legal requirement that the person be able to immediately present their Permanent Resident Card or other proof of legal status.

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READ THE FIRST SENTENCE OVER AND OVER IF YOU HAVE ANY QUESTIONS:

The card must be in the possession of the U.S. permanent resident at all times.

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