Legal Question in Immigration Law in California

Burden of Proof - Delivery Confirmation

I applied for a new Alien Card, after mine expired after 10 years in the USA. I went to the Immigration Office, paid the $150 in fees an waited 8 additional Months for the Card to arrive. After that I inquired, where my Card was and I got an answer back, stating that the Card was mailed out 6 Months ago. My very reliable Mail Service ''Mailbox Etc.'' confirmed never to have received any such mailing from the INS for me.

The INS now replied to me: '' If you lost or did not receive your Card, the go back to the INS ofice and apply for a Lost/Stolen Card replacement & pay the Fees again''

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I contend, that they have no proof of delivery to me and that they did not complete the transaction by positively delivering this document to me. I did not lose a Card, I never received in the first place; so why should I re-apply for their mistake?

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Who has the Burden of Proof / delivery here? who has to complete the delivery cycle? Are there USPS guidelines from which end a positive delivery must originate?

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Am I to repeat this whole Ordeal and have to go and re-apply?


Asked on 2/22/02, 3:59 am

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: Burden of Proof - Delivery Confirmation

Unfortunately, it's probably going to cost you a lot less time, money, and aggravation to go through the process again and pay the $150 than to try to prove the INS was wrong, or deal with any "burden of proof." The card is not mailed out by registered or certified mail, so it IS possible that Mailbox Etc. could have mishandled it. Or the post office lost it.

That's why the INS is called "incompetent" by many, including some Congressmen who want to get rid of it, and this shows perfectly why big government always fails. Including the US Postal Service!

Liem Doan, Esq.

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Answered on 2/22/02, 4:33 am


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