What Are the Consequences of Filing a Fraudulent Marriage Petition?

What May Constitute Marriage Fraud Under the U.S Immigration Laws?

A green card is always highly valuable for non-citizens. This card promises new and exciting opportunities and the chance to live a free and comfortable life in the United States. However, some individuals can cast a long shadow over the strict immigration process by entering into “fake marriages” solely to obtain a green card.  This type of criminal and civil offense  was  given a spotlight  in the first version of the Movie “Greencard,” in 1990.  However, both movies focused on unexpected romance, not the long term consequences of the Immigration Marriage Fraud Amendments of 1986.  

These marriage fraud  amendments also  make it more difficult for those who are truly in love to seek a green card.  This had  become a notable concern for Congress, which enacted and obligated the United States Citizenship and Immigration Services (aka USCIS) to impose additional steps upon those who immigrate based upon marriage to a U.S. citizen.

Cases of marriage fraud, under the current U.S. immigration law, occur when the sole purpose of the marriage is obtaining immigration benefits rather than a commitment to a loving and genuine marital relationship.

There are many examples of fraudulent marriages that the USCIS recognizes as being a sham, and just a few of these types of illegal marriages are:

• Wholly sham marriages – Here, both parties are fully aware that the marriage is not genuine and agree to marry solely for immigration purposes and to gain entry into the U.S.
• One-sided fraudulent marriages – In this situation, one spouse may believe their marriage is genuine. Still, the other uses it as a subterfuge to obtain legal immigration status until it is often too late. Sometimes, the eventual threat of blackmail or violence might intimidate a U.S. citizen.
• Financially arranged marriage – In these Instances, a U.S. citizen is paid to marry a non-citizen to facilitate their application for a green card.

Under U.S. Law, the above and variations of these  schemes using marriage to gain citizenship are not only criminal, but the consequences of a denial or revocation to a foreigner are  often permanent. The USCIS is extremely vigilant in detecting this misuse of marriage and uses various methods, such as document reviews, interviews, and even unannounced home visits by the Fraud Detection and National Security Directorate (FDNS), to identify fraudulent marriages. 

If you even believe you are being properly or wrongly investigated for this crime, the penalties are harsh and immediate, so  experienced, and knowledgeable guidance by a well-versed immigration lawyer is mandatory to avoid further damage.

What Are Some Ways the USCIS May Detect Marriage Fraud?

The U.S. immigration system is designed to meticulously scrutinize all marriage-based green card applications to weed out any fraudulent claims.

Just a few of the most common methods used by the USCIS to detect and prevent fraudulent marriages are:

• Home interviews and personal visits – These random site visits or  in-person interviews are a powerful and effective tool that the USCIS uses. You and your spouse may be interviewed together or separately. Any inconsistencies about the relationship, home life, or past events may raise red flags.  It is important to tell the truth, which means admitting that you don’t know something about your spouse, rather than guessing the answer to a question!

Additionally, site visits to your residence usually occur unannounced at the couple’s residence to verify whether they are living together as a married couple.

• Detailed and thorough document reviews – The USCIS will diligently and thoroughly examine all submitted documents, such as joint bank accounts, utility bills, leases, photos, correspondence, etc. A visible lack of shared assets or a recent marriage while one spouse is in immigration court facing deportation can be a significant red flag.
• Outside tips and whistleblowers – Often, investigations are begun after tips from third parties, such as disgruntled friends and relatives, ex-partners, or even spouses. The USCIS can take these reports extremely seriously, but ought to  investigate reasonable and credible allegations.
• Any of your past immigration history – Let’s say you, as a foreign national, have been involved in questionable or investigated marriages or may have already had a record of immigration violations. This will almost always trigger a more in-depth investigation.  It can also require your U.S. citizen spouse to to also prove that you entered into a previous marriage with a different U.S. citizen in good faith.

A vital note to remember is that if you are being investigated for possible marriage fraud, it can end with severe and life-changing penalties. Never attempt to go through this process alone, but avoid the temptation of desperation, since true romance can take time, but often leads to a more meaningful life.   Always work rapidly to obtain the thorough, in-depth experience and guidance of an immigration lawyer; they will work diligently to “get ahead’ of the investigation, provide you with legal options, and always attempt to gain the best possible outcome.

As a Foreign National, Are the Penalties Harsh If I’m Found Guilty of Marriage Fraud by the USCIS?

Suppose you’re a foreign national and caught engaged in marriage fraud. In that case, you must know that this is a serious criminal and civil immigration  offense which can have dire legal consequences and severe future immigration restrictions.

Just some of the penalties you and your loved ones may face are:

• Outright denial of a green card application – This is the most rapid consequence of marriage fraud, and in almost all cases, your green card application will be hastily denied. Additionally, you, as the applicant, and possibly other family members, will lose the opportunity to obtain future lawful permanent residency.
• You can  be deported through removal proceedings – If marriage fraud is detected and proven, you will commonly be placed in removal proceedings and face deportation. Being forcibly deported can enormously disrupt your life, career, and future prospects.
• Being put on a permanent inadmissibility status – Engaging in marriage fraud will almost always result in being permanently prohibited from lawfully reentering the United States. You will be deemed inadmissible for future immigration visa benefits, including general tourist visas, work visas, or any other green card categories; any future attempt to visit or move to the U.S. will be nearly impossible.  There is no waiver, where you can never be petitioned for a green card as a matter of law.
• Suffering severe criminal penalties – Looking beyond the immigration consequences, any marriage fraud is a federal crime. If you’re found guilty of committing or participating in marriage fraud, as a foreign national, you face fines of up to $250,000 and a prison sentence of up to five years, in some cases, more.

So, be aware that if you are attempting to enter the U.S. legally and your marriage is part of this process, it’s always wise and prudent to enlist the help of a competent, highly experienced family immigration lawyer who is intimately familiar with how a marriage petition is legally dealt with; you never want to leave yourself open to the possible suspicion of marriage fraud.

If I’m a U.S. Citizen Involved in Marriage Fraud, Can I Be Penalized Also?

As a U.S. citizen, if you’re involved in any way with a fraudulent marriage petition, you are not immune from severe and rapid legal repercussions. Remember that the U.S. immigration system always attempts to protect and facilitate legitimate marriages. However, a U.S. citizen who willingly engages or assists in marriage fraud for financial gain, even to help a friend, loved one, etc., will face severe penalties.

Just a few examples of these penalties are:

• Outright criminal charges – If you’re assisting with marriage fraud in any manner, it can lead to conspiracy charges to commit fraud. Convictions for this serious charge carry significant fines and imprisonment of up to five years or more. The severity of your penalty often depends on the scope of the fraud you committed and whether you, as a U.S. citizen, were a willing participant or coerced.
• Conviction on your permanent criminal record – A conviction for marriage fraud will be permanently listed on your U.S. citizen’s permanent criminal record. This could impact your future career prospects, marital options, travel, reputation, etc.
• Legal and Financial Ramifications – In addition to high fines, as a U.S. citizen, you could be held liable for any court costs associated with immigration proceedings and subsequent deportation costs.

So, even as a U.S. citizen, if you help a relative, friend, etc., attempt to use marriage illegally in the immigration process, you can face severe legal repercussions. If this is the case, working with a highly experienced immigration lawyer could help you mitigate and reassess your charges. They can better strive to keep you out of jail and get the best possible outcome in this challenging situation.

I May Be Accused of Marriage Fraud by the USCIS; How Should I Proceed?

If you, a friend, or a relative files a fraudulent marriage petition for immigration, it is a serious offense that can have devastating consequences. Suppose you’re a U.S. citizen sponsoring a spouse or a foreign national hoping to adjust their status through marriage. The immigration system is designed to eventually detect and severely punish fraud.  However, as most are, if you’re in a genuine relationship, ensure that you take the time and effort to do things legally and correctly.

Alternatively, if you’re facing false allegations of marriage fraud in that you have possibly just made an error and need help, contact an experienced immigration lawyer immediately.

The skilled, passionate, and knowledgeable immigration lawyers at the Law Offices of Kevin Dixler have thirty-plus years of experience handling all immigration issues. They fully understand the complex immigration process and will always strive to guide you professionally, empathetically, and diligently through this daunting process.

Call them today at (312) 728-4610 to commit to  a strategy session for your unique immigration issue. Always remember that thoughtful professional legal guidance can distinguish between success and possibly lifelong immigration ineligibility.