What standard of proof must Fred's mother meet when filing Form I-130 on his behalf?

When Fred's mother files Form I-130, Petition for Alien Relative, she must meet the standard of "preponderance of the evidence." This standard is typically used in most civil immigration cases, which include family-based petitions. It means that the evidence presented must show that it is more likely than not true that a certain fact is accurate—essentially, that there is more than a 50 percent chance that what she claims is true.

This requirement is essential because it assesses the credibility of the evidence without demanding absolute certainty. For instance, Fred's mother would need to provide evidence proving her relationship to Fred, such as birth certificates or other documentation, that convincingly demonstrates the familial connection.

Other standards of proof, such as "clear and convincing" or "beyond a reasonable doubt," are applied in different contexts—often in criminal cases or situations involving significant legal consequences—where a higher burden of proof is necessary. In immigration cases like this one, the "preponderance of the evidence" strikes the appropriate balance, focusing on the weight of evidence rather than its absolute certainty.