What You Should Know About Immigration and Marriage Fraud

Legal marriage is one of the most popular immigration shortcuts, mostly because the marriage visa processing time is significantly shorter than the processing time for other kinds of visas. Because it’s such a popular shortcut, authorities closely scrutinize these applications, to ensure the marriage is fully on the up and up.

In fact, this scrutiny is so close that most marriage visa applications usually draw at least some unwanted attention. When that happens, a Tampa criminal defense lawyer is an important partner. Attorneys help both prospective spouses prepare for aggressive questioning. Furthermore, the mere fact that a lawyer is involved reduces the perception of possible fraud and makes the approval process easier.

How Marriage Fraud Works

Overall, fraud is a misstatement of a material fact that’s calculated to produce an unfair benefit. Immigration marriage fraud generally takes one of three forms:

• Contract marriages, in which both parties agree to a sham marriage for a fee or other benefit,
• One-sided deception, which in most cases, is a foreign national tricking the U.S. citizen into believing the relationship is genuine, and
• Marriage mills that recruit U.S. citizens to marry foreign nationals; this kind of marriage fraud often includes fake documents and staged photos.

After the marriage, the foreign spouse applies for lawful permanent residency. If the marriage is less than two years old, U.S. Citizenship and Immigration Services officials issue a conditional green card. A permanent green card is forthcoming if the couple is still together when the two-year waiting period expires.

This requirement weeds out many fraud cases, but it’s not foolproof. If a couple separates shortly after the conditional period is over, investigators basically presume the marriage was fraudulent.

Legal and Social Impacts

Knowingly entering into a fake marriage to circumvent immigration laws is a federal crime. Offenders can face up to five years in prison and a fine of up to $250,000. Foreign nationals involved can be deported and permanently barred from entering the U.S. again.

Beyond legal penalties, there are social and emotional costs. U.S. citizens who are duped into a fake marriage often suffer psychological distress and financial loss. Some remain financially responsible for people who never intended to marry. Additionally, in many cases, victims feel trapped or manipulated.

Enforcement and Detection

Marriage fraud investigations usually include interviews, background checks, home visits, and document verification are common.

After they run background checks and verify marriage licenses and other documents, officials usually interview the parties separately and ask detailed questions about the relationship (how did you meet, who catered the wedding, etc.). During home visits, investigators look for photos, men’s and women’s clothes, and other indicators the couple lives together.

These investigations are often very intrusive. A Tampa criminal defense lawyer prevents officials from crossing the line and causing undue emotional distress for immigrants and their spouses.

Marriage Fraud Endgame

If investigators find probable cause that the marriage was fraudulent, they refer the matter to ICE for resolution. An out-of-court settlement, which usually involves the immigrant voluntarily leaving the country and waiting a few years to return, is usually the best solution in these cases.

If the matter proceeds to trial, ICE must prove every element of marriage fraud by clear and convincing evidence, a standard of proof that’s between more likely than not (civil court) and beyond a reasonable doubt (criminal court).

Count on a Diligent Hillsborough County Attorney

A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. We routinely handle matters in state, federal, and immigration courts.

Source:

boundless.com/immigration-resources/average-green-card-wait-times