Marriage fraud is considered to be a serious crime that has legal and immigration consequences. It is a type of fraud committed by an individual who enters into a marital union with a foreign national for the sole purpose of evading the U.S. immigration laws.
What is Marriage Fraud?
Definition of Marriage Fraud
A fraudulent marriage is one that enters into a marriage for the purpose of obtaining an immigration benefit. Such a marriage may be considered fraudulent if one or both of the partners do not intend to live together and start marital life together. It is also considered fraudulent if one partner enters into the marriage solely for the purpose of obtaining immigration benefits.
How to Identify Marriage Fraud?
Fraudulent marriages can be identified in various ways. Immigration officers look for red flags such as a vast difference in ages, language barriers, cultural differences, and lack of cultural accommodation. Immigration officers also scrutinize the marriage certificate, visa petition, and other documents related to the marriage process. If they determine that the marriage is fraudulent, legal consequences can occur to the parties involved.
What are the Consequences of Marriage Fraud?
Marriage fraud is punishable by imprisonment, fines, and even loss of citizenship. The US Immigration law outlines certain penalties for those found guilty of marriage fraud. Marriage fraud can also complicate future efforts to procure a legitimate immigrant visa or permanent residency. It means that those parties involved in marriage fraud can be banned from obtaining immigration benefits in the future.
Sham Marriage
What is a Sham Marriage?
A sham marriage is a type of fraudulent marriage where two individuals marry with the intention of obtaining immigration benefits for one of the spouses. A sham marriage can be also known as a fake marriage as it is not legally recognized as a bona fide marriage since it is not entered into for the purpose of creating a genuine marital relationship.
What are the Potential Penalties for a Sham Marriage?
If an immigration officer believes that a marriage is fraudulent, both parties can face consequences. Both parties can face criminal charges, and the immigrant can face deportation, denial of a visa, or unable to adjust their status in the U.S. An immigration official will investigate the fraudulent marriage to determine the intention of both parties when the marriage was entered into.
How to Commit Marriage Fraud through a Sham Marriage?
Committing marriage fraud through sham marriage typically involves bringing a foreign national into the United States and entering into a marriage of convenience without any genuine intention to have a life together as spouses. Therefore, it is essential to only enter into a marriage for the right reasons, and one should not attempt to deceive the USCIS or any other immigration service.
Marriage Fraud and Immigration Law
How does Immigration Law Define Marriage Fraud?
The Immigration and Nationality Act (INA) defines marriage fraud as a marriage that is entered into for the sole purpose of obtaining immigration benefits. The Act further explains that these fraudulent marriages have no legal recognition, and individuals caught committing marriage fraud can face serious penalties and legal consequences.
What are the USCIS Guidelines on Marriage Fraud?
The USCIS provides guidelines for identifying marriage fraud cases. USCIS officers have access to professional training, materials, and resources that help them identify red flags and fraudulent marriages. USCIS officers look at various factors, such as the authenticity of the marital relationship, the legitimacy of documents, and the couple’s home environment.
What is the Role of an Immigration Attorney in Marriage Fraud Cases?
An immigration attorney can help individuals who are accused of marriage fraud. They can guide individuals through the investigation process and help them understand the legal consequences of a fraudulent marriage. An immigration attorney can also provide legal representation in court and advise the defendant on their rights and possible course of action.
Accused of Marriage Fraud
What to do if You are Accused of Marriage Fraud?
Individuals accused of marriage fraud should immediately seek legal advice and guidance from an experienced immigration lawyer. It is essential to understand the charges and the possible legal consequences of being found guilty of marriage fraud.
How to Prove the Marriage is Legitimate?
The burden of proof falls on the individual accused of marriage fraud. It is important to provide evidence that the marriage is genuine, such as documentation that proves the couple cohabiting or has joint assets, finances and interests. Consistently providing evidence of a long-term relationship will help in proving that the marriage was entered into for the purpose of creating a bona fide marital relationship.
What is the Process of Investigation in Marriage Fraud Cases?
If an immigration officer suspects that a marriage is fraudulent, they start an investigation. This investigation can involve interviewing couples separately, visiting their home to ensure that they are cohabiting, checking for joint finances and bank accounts, and speaking with friends or family members who know the couple. If the couple is not able to produce documentation that proves a real and genuine relationship, the USCIS may deny their application for permanent residency, or the USCIS may even ask the individual to appear at an interview where they may be asked to provide more evidence that their marriage is genuine.
Marriage Fraud and Citizenship
Can Marriage Fraud Lead to Loss of Citizenship?
If an individual acquired their citizenship with a fraudulent marriage, and if it is found out that the marriage is not genuine, their citizenship could be nullified. The individual may receive a show cause notice to appear in court, and as a result, the individual may lose their citizenship status.
How to Apply for a Green Card on the Basis of Marriage?
If a U.S. citizen marries a foreign national intending to live life together, they can submit a visa petition to USCIS. USCIS will investigate whether the marriage is genuine, and if it is, the foreign national’s visa may be approved.
What Happens if the USCIS Determines a Marriage is Fraudulent?
If the USCIS determines that a marriage is not genuine, the individual may be deported, their green card application may be denied, or the foreign national spouse may not be allowed to enter the United States. The American citizen may also be investigated and can face legal consequences if they knew about the fraudulent nature of the marriage.
In conclusion, commiting a marriage fraud is a serious offence in the United States. It not only impacts the individuals involved in a fraudulent marriage, but also has severe legal and immigration consequences. In the case of individuals being accused of marriage fraud, it is important to seek guidance from an officiating legal representative, who can provide advice and representation in such cases. It is essential to only enter into a marriage for the right reasons and to be fully aware of the legal and social repercussions of marriage fraud.
