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Nice v. Turnage

United States Court of Appeals for the Ninth Circuit
752 F. 2d 431 (9th Cir. 1985)


Facts

Nice (petitioner) applied to change his visa status from a B-1 Visitor for Business visa to an E-2 Treaty Investor visa, which allows entry into the country for nonimmigrant aliens who have invested substantial funds in a United States enterprise. Nice had invested $25,000 in a car wash, but the check was drawn from a foreign bank and signed by his wife. Nice’s application was denied because he failed to prove that he himself was the source of the funds provided for the investment, and the record suggested that the investment had actually been made by Nice’s father-in-law. Nice appealed to the district court, which held that the Immigration and Naturalization Service (INS) could require proof that that Nice personally invested money. Nice appealed.

Rule of Law

Issue

Holding and Reasoning (Per Curiam)

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