What is the standard of proof required for a U.S. citizen spouse to meet when filing a Form I-130 for their spouse who is in removal proceedings?

The standard of proof required for a U.S. citizen spouse when filing a Form I-130 for their spouse who is in removal proceedings is "preponderance of the evidence." This standard typically means that the evidence shows that something is more likely true than not true, representing a greater than 50% likelihood.

This standard is lower than "clear and convincing" but is sufficient for establishing eligibility for the spouse's immigration case. The "clear and convincing" standard is generally applicable in certain legal proceedings, such as civil cases involving termination of parental rights or similar serious matters, where a higher degree of certainty is required to protect significant rights.

Unlike the "beyond a reasonable doubt" standard applied in criminal proceedings, which requires a very high level of certainty, or "beyond doubt," which suggests an even stricter level of proof, the "preponderance of the evidence" is deemed appropriate for immigration petitions because it facilitates the process of proving eligibility in family-based immigration cases.