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Interim Decision #3113 MATTER OF E-M- In Adjustment of Status Proceedings Designated by Commissioner May 24, 1989 (1) An applicant seeking temporary resident status under section 245A of the Immigration and Nationality Act, 8 U.S.C. § 1255a (Supp. IV 1986), has the burden to prove his eligibility by a preponderance of the evidence. (2) There is no catch-all definition of the term "preponderance of the evidence." Whether an applicant has submitted sufficient evidence to meet his burden of proof under section 245A of the Act will depend upon the factual circumstances of each case. Generally,…