John's AILA powerpoint on The Burden of Proof Generally, an applicant for admission must establish clearly and beyond a doubt that she is entitled to be admitted to the United States, and is not inadmissible as charged. If the burden is met, then D.H.S. has the burden to establish by clear and convincing evidence that the person is removable. Difference for lawful permanent residents? The alien must establish first that she is lawful permanent resident, and then the government would have the burden to prove she¹s inadmissible. U.S. CITIZENS ARE ADMISSIBLE. GOVERNMENT MUST PROVE THAT THEY ARE NOT CITIZENS PRACTICAL THING TO REMEMBER: YOU(NOT THE GOVERNMENT) HAVE THE BURDEN OF GETTING / KEEPING YOUR CLIENT IN THE USA. YOU NEED TO PROVE ENOUGH TO WIN! YOU ALWAYS HAVE THE BURDEN OF PROOF !!!!! But some attorneys ALWAYS require the Government to prove their case first. QUESTIONS YOU ALWAYS NEED TO ASK: Where are you, my dear client? Do you want to come in or do they want you to leave? Is there any point in challenging the facts? Where in the INA do I look for relief? Who needs to prove what and why?