Are you aware of the serious implications of marriage fraud in the context of U.S. immigration law? If not, read more below to understand how serious the consequences are and the measures in place to prevent this type of fraud.
Understanding Marriage Fraud
By the U.S. legal definition, marriage fraud is when you get married for the sole purpose of getting a Green Card, permanent residence, and then U.S. citizenship. This is considered a serious federal crime. There is a key distinction between getting married for immigration benefits and marrying for love to someone who is a U.S. citizen or Green Card holder.
Consequences for the Immigrant
If you are found guilty of marriage fraud, the non-U.S. citizen can face various charges, which could include imprisonment for up to five years, fines up to $250,000, and deportation. Beyond just immediate consequences, this charge could lead to restrictions on your eligibility for a U.S. visa or Green Card in the future.
Implications for the U.S. Citizen or Legal Permanent Resident
Similar to immigrants, U.S. citizens or Legal Permanent Residents (LPRs) who commit marriage fraud could also face fines up to $250,000 and imprisonment up to five years. For LPRs, specifically, this may result in deportation to their home country. All of this is dependent on the level of involvement in this crime. Harsher penalties are granted to those with more serious offenses. Typically, these are awarded to systematic marriage schemes that are much more deceptive.
USCIS’s Role in Identifying Marriage Fraud
The USCIS takes proactive measures to identify marriage fraud. Because they want to ensure that marriage fraud is not a common practice, they are very strict with these practices. Currently, these include rigorous application and verification processes, multiple interviews, and evidence of a continued bona fide marriage for 2 years after they have granted you a conditional green card. ICE and USCIS conduct comprehensive investigations on people they believe could be committing marriage fraud, and you may be placed in proceedings to have your Green Card taken away if you are found guilty of marriage fraud. Because of these various measures, it is highly recommended that you do not pursue marriage fraud.
You may also like: Navigating the New Parole In Place Program for Undocumented Spouses of U.S Citizens
Why Hire an Immigration Attorney?
Marriage fraud is a violation of U.S. immigration laws with severe legal and immigration repercussions for both the immigrant and their petitioner. It’s very important for individuals to understand the seriousness of these consequences and what U.S. immigration officers do to detect, prevent, and penalize this crime. To further understand if you may have committed marriage fraud, reach out to our office for additional information and legal assistance.
