[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR101.2]



[Page 33-34]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 101_PRESUMPTION OF LAWFUL ADMISSION--Table of Contents

 

Sec. 101.2  Presumption of lawful admission; entry under erroneous name 

or other errors.



    An alien who entered the United States as either an immigrant or 

nonimmigrant under any of the following circumstances shall be regarded 

as having been lawfully admitted in such status, except as otherwise 

provided in this part: An alien otherwise admissible whose entry was 

made and recorded under other than his full true and correct name or 

whose entry record contains errors in recording sex, names of relatives, 

or names of foreign



[[Page 34]]



places of birth or residence, provided that he establishes by clear, 

unequivocal, and convincing evidence that the record of the claimed 

admission relates to him, and, if entry occurred on or after May 22, 

1918, if under other than his full, true and correct name that he also 

establishes that the name was not adopted for the purpose of concealing 

his identity when obtaining a passport or visa, or for the purpose of 

using the passport or visa of another person or otherwise evading any 

provision of the immigration laws, and that the name used at the time of 

entry was one by which he had been known for a sufficient length of time 

prior to making application for a passport or visa to have permitted the 

issuing authority or authorities to have made any necessary 

investigation concerning him or that his true identity was known to such 

officials.



[32 FR 9622, July 4, 1967]