EB5 Investors Magazine (English Edition) Volume 5, Issue 1 - Page 31

the elements of his or her claim and/or rehabilitate the doubted testimony or documentation. An applicant’s failure to present corroborating documentation, or inability to explain why such evidence is reasonably unavailable, may suppor t an adverse credibility determination and may be fatal to his or her claim for relief. Similarly, while an applicant’s credible testimony alone may be enough to carry his or her burden of proof, the federal courts have held that an IJ may nonetheless require corroborating evidence to support the alleged facts where it would be reasonable to expect that such corroboration would be available. Related to the issue of corroboration is the probative weight to be afforded to evidence. In this regard, the federal courts have noted that, while there is not a finite set of guidelines for demonstrating the authenticity of documentary evidence, the weight afforded to evidence does lie largely within the discretion of the IJ. In other words, separate from the decision of whether to consider evidence at all, the trier of fact has significant authority to determine the evidentiary value of the supporting documentation. DEALING WITH ALLEGATIONS OF INCONSISTENCIES IN EB-5 ADJUDICATIONS Identifying inconsistencies in the record are a common way in which USCIS questions an EB-5 petitioner’s or applicant’s credibility. This is not entirely surprising since EB-5 filings can be many hu