alien is an applicant for admission that the alien has the burden custom name tampa bay rays baseball shirt to establish that he or she is clearly and beyond doubt entitled to be admitted and is not inadmissible;
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at any time in the future to become a public charge. If the nonimmigrant status the individual seeks to extend or to which the applicant seeks to change custom name tampa bay rays baseball shirt is statutorily exempt from the public charge ground of inadmissibility, then the public benefits condition will not apply. DHS notes, as was pointed out by the commenters, that under section 291 of the Act, 8 U.S.C. 1361, an applicant for admission always bears the burden of proof to establish that he or she is not inadmissible to the United States under any provision of the Act; similarly, under section 240 of the Act, 8 U.S.C. 1229a, an applicant for admission in removal proceedings has the burden of establishing that he or she is clearly and beyond doubt entitled to be admitted and is not inadmissible under section 212 of the Act, 8 U.S.C. 1182.
Therefore, the burden still lies with the returning resident to establish that he or she is not inadmissible based on public charge. For these reasons, DHS disagrees that the rule impermissibly places the burden on returning lawful permanent residents in violation of their rights under Woodby v. INS, Landon v. Plasencia, and Matter of Rivens as alleged by the commenters. Specifically, in Woodby and Landon, which predate IIRIRA, the Court addressed the government’s burden in deportation proceedings against a lawful permanent resident and indicated that the government would bear the burden to demonstrate that the alien is a returning resident seeking admission. Subsequently, with IIRIRA, Congress specified the circumstances under which a lawful permanent resident will be treated as an applicant for admission, and provided that when an
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