移民局最新案例 (Matter of Jongbum PAK, Beneficiary of a visa petition filed by Jacklyn Hyonk Lee, Petitioner)定出新法:如果第一次婚姻移民,移民局拒签,拒签理由为证据不足,第二次婚姻移民,即使是真的,移民局照样可以根据第一次婚姻移民的理由,拒绝移民申请。
理由来自移民法204(c) 款:Notwithstanding the provisions of subsection (b) no petition shall be approved if (1) the alien has previously been accorded, or has sought to be accorded, an immediate relative or preference status as the spouse of a citizen of the United States or the spouse of an alien lawfully admitted for permanent residence, by reason of a marriage determined by the Attorney General to have been entered into for the purpose of evading the immigration laws, or (2) the Attorney General has determined that the alien has attempted or conspired to enter into a marriage for the purpose of evading the immigration laws。