Under what condition must the adjustment applicant prove that they are not inadmissible under INA § 212?

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An adjustment applicant must demonstrate that they are not inadmissible under INA § 212 when evidence suggests potential inadmissibility. This means that if there are any indications or hints that the applicant may not meet the criteria for admissibility, they are required to present evidence or arguments to counter those suggestions.

This requirement serves as a safeguard within the immigration process, ensuring that all potential issues are thoroughly examined before an adjustment of status is granted. The applicant's responsibility to prove their admissibility becomes particularly crucial in cases where their background or history gives rise to doubts regarding their eligibility for adjustment of status. This process also reflects the broader legal principle that an individual seeking benefits from the government must affirmatively demonstrate that they meet the necessary criteria and are not disqualified by any prohibitive factors.

In this context, the other options are less relevant: minimal proof does not suffice in the face of potential incompatibilities; notarized affidavits or strong witness testimonies may assist in providing context or support but do not replace the necessity of addressing any indicators of inadmissibility directly.

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