TABLE OF CONTENTS
BURDEN OF PROOF FOR VISA PETITIONS
Except where a different standard is specified by law, a petitioner or applicant in administrative immigration proceedings must prove by a preponderance of evidence that he or she is eligible for the benefit sought.
Noting that the petitioner must prove eligibility by a preponderance of evidence in visa petition proceedings.
Finding that the petitioner had not established eligibility by a preponderance of the evidence because the submitted evidence was not credible.
Noting that section 204(a)(2)(A) of the Act, 8 U.S.C. § 1154(a)(2)(A) (Supp. IV 1986), requires a higher standard of clear and convincing evidence to rebut the presumption of a fraudulent prior marriage.
”In most administrative immigration proceedings, the applicant must prove by a preponderance of evidence that he or she is eligible for the benefit sought.”
Defining “more likely than not” as a greater than 50 percent probability of something occurring.
2 See INS v. Cardoza-Fonseca, 480 U.S. 421 (1987) (defining “more likely than not” as a greater than 50 percent probability of something occurring).
3 See Chapter 6, Evidence, Section F, Requests for Evidence and Notices of Intent to Deny [1 USCIS-PM E.6(F)] for more information.
4 See INA 245(e)(3). See INA 309(a)(1).