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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

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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]