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Decisions · 25 I&N Dec. 369 (AAO 2010)

Matter of Chawathe

Matter of Chawathe explains that most administrative immigration benefit proceedings use the preponderance-of-the-evidence standard: more likely than not. The standard is not universal across immigration law.

Published: Event / decision date:

Holding and context

The original decision was issued January 11, 2006, and designated precedent October 20, 2010. Its underlying dispute concerned preservation of residence for naturalization under INA §316(b) and whether a corporation qualified as an American firm or corporation. It was not an asylum merits decision.

Limits and subsequent history

The AAO explained the more-likely-than-not standard and discussed the quality and probative value of evidence. Individual statutes may require a higher standard. Do not apply Chawathe mechanically to every asylum element, removal charge or legal claim; identify the governing rule first.

Primary sources

General reference information, not legal advice. A summary does not replace the statute or full decision. Check applicability and subsequent developments before filing. Publication does not imply attorney legal review or create an attorney-client relationship.

Frequently asked questions

What is Matter of Chawathe?

Matter of Chawathe explains that most administrative immigration benefit proceedings use the preponderance-of-the-evidence standard: more likely than not. The standard is not universal across immigration law.

What should I check before relying on this information?

The AAO explained the more-likely-than-not standard and discussed the quality and probative value of evidence. Individual statutes may require a higher standard. Do not apply Chawathe mechanically to every asylum element, removal charge or legal claim; identify the governing rule first.

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