E-M

Citations

• 20 I. & N. Dec. 77

Syllabus

E-M-, 20 I&N Dec. 77 (Comm. 1989) ID 3113 (PDF) (1) An applicant seekingtemporary resident status under section 245A of the Immigration and NationalityAct, 8 U.S.C. § 1255a (Supp. IV 1986), has the burden to prove hiseligibility by a preponderance of the evidence. (2) There is no catch-alldefinition of the term \preponderance of the evidence.\ Whetheran applicant has submitted sufficient evidence to meet his burden of proofunder section 245A of the Act will depend upon the factual circumstancesof each case. Generally, however, when something is to be establishedby a preponderance of evidence it is sufficient that the proof only establish that it is probably true. (3) An applicant whosubmitted an Arrival-Departure Record (Form I-94) and his passport toprove he entered the United States prior to 1982, affidavits from acquaintancesand employers to prove his continuous residence in the United States sincesuch a date, and an affidavit explaining why he was unable to submit otherdocumentation has established by a preponderance of the evidence thathe has resided continuously in the United States in an unlawful statussince prior to January 1, 1982.