Marriage fraud is a serious crime that can lead to hefty fines, prison time, and even the deportation of the party who immigrated to the United States. United States Citizenship and Immigration Services (USCIS) has implemented ways for determining whether or not a marriage is fraudulent. If you and your spouse have been accused of such a crime, legal assistance may be your best way to maintain your livelihood and avoid severe punishment
At the Law Offices of Randall B. Isenberg, we have over 30 years of experience defending our clients. If you are accused of marriage fraud, we can work on your behalf to gather evidence to defend you from a guilty verdict. When you need a Highland Park marriage fraud lawyer, we are ready to help you.
What Is Marriage Fraud?
Marriage fraud occurs when a non-citizen marries a citizen with the sole purpose of obtaining residency in the United States. Because of the prevalence of such marriages, the USCIS is legally aware of all marriages that involve non-citizens and citizens. After the marriage takes place, they will monitor the relationship to determine whether the marriage is authentic or not.
Immigration Marriage Fraud Amendments of 1986
In 1986, Congress added amendments to provide a timeframe for what would be considered an authentic marriage. As a result of these amendments, non-citizens had to remain married for two years to achieve legal citizenship status.
Some individuals used this two-year window as a way to gain citizenship through marriage, then terminate their union. This led to USCIS getting more involved and conducting more thorough investigations into marriages between U.S. and non-U.S. citizens.
Types of Marriage Fraud
As defined by the United States Immigration and Customs Enforcement (ICE), marriage fraud can come in three main forms. The forms of marriage fraud are:
- A U.S. citizen is paid, or asked to perform a favor, to marry a foreign national already residing in the United States
- “Mail-order” marriages where at least one party knows the marriage is fraudulent
- A foreign national defrauds a United States citizen who believes the marriage is legitimate
Victims of Marriage Fraud
If you believe you are the victim of marriage fraud, you should consult with an attorney regarding what to do next. By taking initiative, you can prove that you were not involved in the potential fraud. This will help you avoid any severe penalties if the marriage is eventually ruled to be fraudulent.
Consequences of Marriage Fraud
In recent years, there has been a push by the United States government to prevent marriage fraud from taking place. Therefore, if you are charged with marriage fraud, you could face severe penalties whether you are a U.S. or non-U.S. citizen.
Penalties can include:
- Up to five years in prison
- Fines of up to $250,000
- Inability to achieve lawful permanent resident status in the future
- Deportation
- A permanent bar from the United States
- Other federal charges
How to Avoid Marriage Fraud Consequences
USCIS will require that you submit proper paperwork and documentation to prove that your marriage is legitimate. These documents could consist of:
- Leases
- Bank statements
- Proof of residency
In addition to these documents, you and your spouse will need to partake in interviews with USCIS, where they will ask you questions related to your marriage, then cross-check to confirm whether or not your stories line up.
These interviews can be intimidating. By seeking representation from a marriage fraud lawyer, you can be better prepared for questions that may come up.
Marriage Fraud Defenses
According to the Centers for Disease Control and Prevention (CDC), the marriage rate in the United States is 5.1 per 1,000 total population while the divorce rate is 2.3 per 1,000. That means that nearly half of the marriages in the United States end in divorce.
If you and your spouse end up getting divorced, or if you are seemingly unhappily married, then USCIS may try to submit that as proof that your marriage is fraudulent. At the Law Offices of Randall B. Isenberg, our team can help you prove that your marriage is not fraudulent by presenting evidence to the contrary.
Proving Marriage Legitimacy
If you are charged with marriage fraud, some key pieces of evidence can prove the intentions of your marriage. This evidence includes:
- Proof of a shared residence
- Children’s birth certificates, if you had children
- Documentation such as pictures and videos showing family experiences
- Testimonies from witnesses who can attest to your marriage being legitimate
All of these will be used so that you are found not guilty in a court of law. By achieving this verdict, you ensure that you and your spouse, or ex-spouse, may remain in the United States as legal citizens.
Contact a Highland Park Marriage Fraud Lawyer Today
If you have been charged with marriage fraud, then you may need a defense attorney experienced in such cases. Marriage fraud is a serious crime with very severe punishments, and it can impact your ability to not only remain in the United States with your family but also to ever be admitted to the country in the future.
At the Law Offices of Randall B. Isenberg, we are committed to the rights of our clients in Highland Park. If you are facing deportation, jail time, or fines because of a marriage fraud allegation, then we are ready to help you prove the legality of your marriage. Working with an attorney can give you a better chance of avoiding punishment and remaining in the United States with your family. When you need a Highland Park marriage fraud lawyer, call our offices to discuss your options.
