The preponderance of the evidence standard of proof does not apply to those applications and petitions where a different standard is specified by law. If the requestor has not met this standard, it is appropriate for the officer to either request additional evidence or issue a notice of intent to deny, or deny the case. Therefore, even if there is some doubt, if the benefit requestor submits relevant, probative, and credible evidence that leads an officer to believe that the claim is “probably true” or “more likely than not,” then the benefit requestor has satisfied the standard of proof. The standard of proof applied in most administrative immigration proceedings is the preponderance of the evidence standard. The standard of proof is the amount of evidence needed to establish eligibility for the benefit sought. The standard of proof is different than the burden of proof. This means that the benefit requestor has come forward with the facts and evidence which show that, at a minimum, and without any further inquiry, he or she has proven initial eligibility for the benefit sought, though in certain cases the officer is then required to determine whether approval or denial is appropriate, in his or her discretion. Once a benefit requestor has met his or her initial burden of proof, he or she has made a prima facie case. The burden of proof never shifts to USCIS. The burden of proof to establish eligibility for an immigration benefit always falls solely on the benefit requestor.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |