TAWFIK

Citations

• 20 I. & N. Dec. 166

Syllabus

TAWFIK, 20 I&N Dec. 166 (BIA 1990) ID 3130 (PDF) (1) In making a determinationthat a beneficiary's prior marriage comes within the purview of section204(c) of the Immigration and Nationality Act, 8 U.S.C. § 1154(c)(1988), as a marriage entered into for the purpose of evading the immigrationlaws, the district director should not give conclusive effect to determinationsmade in prior proceedings, but, rather, should reach an independent conclusionbased on the evidence of record, although any relevant evidence may berelied upon, including evidence having its origin in prior Service proceedingsinvolving the beneficiary or in court proceedings involving the priormarriage. (2) A decision to revokeapproval of a visa petition because the beneficiary entered into a priormarriage for the primary purpose of obtaining immigration benefits canonly be sustained if there is substantial and probative evidence in thealien's file to the effect that the prior marriage was entered into forsuch purpose, and, where the district director concluded that there wasevidence in the record from which it could \reasonably be inferred\that a marriage had been entered into for the primary purpose of obtainingimmigration benefits, the substantial and probative evidence, requisiteto the revocation of a subsequently approved visa petition, was not presented.