The U.S. immigration system requires all foreign nationals who want to live in this country to undergo an in-depth vetting process. Some people may be in dire circumstances in their home country, and others just want to make a better life for themselves in America. However, those who try to bypass the process, no matter the reason, can face serious consequences.
If you are being investigated for or charged with marriage fraud for immigration purposes, you deserve a fair trial and thorough defensive representation. An Addison marriage fraud lawyer from the Law Offices of Randall B. Isenberg can ensure you get the best possible defense for your case.
What Is Marriage Fraud?
A U.S. citizen and foreign national commit marriage fraud when they get married so the foreign national can expedite their status and get a permanent resident card, also known as a green card.
Having permanent resident status effectively allows immigrants to live and work legally in the U.S. Getting this status can take a very long time or may never happen at all for many. Therefore, some aliens see marriage as an appealing shortcut.
Evidence Of Marriage Fraud
Not every marriage between a U.S. citizen and a foreign national is fraudulent. U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE) want to ensure the two people who have married and are now applying for a green card have done so intending to build a life together.
Some of the evidence that USCIS and ICE look for in a legitimate marriage includes:
- Living together
- History of a romantic relationship
- Shared financial assets and accounts
- Shared language and religion
- Shared children
A marriage may not meet all these factors, including a history of living together or having shared children. However, USCIS and ICE will gather evidence through interviews with the couple, their friends and family, and their official documentation to verify all relevant details.
If you’re being investigated or charged with marriage fraud, an Addison marriage fraud attorney from our firm can investigate your case and collect evidence demonstrating your marriage’s legitimacy.
Examples Of Marriage Fraud
When both parties agree to marriage for the primary purpose of helping the foreign national get their green card, that is marriage fraud. Even when the couple has a ceremony, goes on a honeymoon, and signs a marriage license, it can still be considered marriage fraud if a romantic relationship does not exist.
Examples of people committing marriage fraud include:
- A U.S. citizen paid to marry someone from another country
- A U.S. citizen marrying a person from another country as a favor
You could even commit marriage fraud if you believe your marriage is legitimate, but the other person in your relationship has an ulterior motive. This can happen in “mail-order” marriages, where either the U.S. citizen or the foreign spouse knows the marriage is illegitimate. It can also happen when a partner lies to their spouse about still being legally married to someone else.
Both the U.S. citizen and foreign national can be charged with marriage fraud and face penalties.
What Are The Penalties For Marriage Fraud?
The penalties for U.S. citizens and foreign nationals involved in marriage fraud differ. Penalties can also depend on whether someone was aware of the marriage fraud and actively participated in defrauding the U.S. government.
Penalties For Marriage Fraud Committed By U.S. Citizens
U.S. citizens may face the following penalties for marriage fraud:
- Possible prison time of up to 5 years
- Potential fines of up to $250,000
Penalties For Marriage Fraud Committed By Foreign Nationals
Foreign nationals, including those in citizen-foreign national marriages and permanent resident-foreign national marriages, may face the following penalties for marriage fraud:
- Denial of adjusted status to permanent resident
- Revoked visa, if applicable
- Deportation (if you immigrated to the U.S.)
- Future denials of immigration petitions
- Possible prison time of up to 5 years
- Potential fines of up to $250,000
A marriage fraud attorney serving Addison, Texas can help determine what charges and penalties you may face. We can also protect your rights and represent you in hearings as needed.
What Should I Do If I’m Being Charged With Marriage Fraud?
The immigration process is very meticulous, time-consuming, and stressful, especially if USCIS or ICE suspects your marriage to be fraudulent. An Addison marriage fraud lawyer can help you navigate the process of applying for a green card and preparing for your interviews. A criminal defense attorney who handles marriage fraud cases can ensure you get fair representation.
Here’s what our firm can do for your marriage fraud case:
- Gather evidence and speak to witnesses
- Review your documentation and interviews
- Present your intent and commitment to the marriage
- Fight for a just sentence
- Ensure your rights are protected
If You Are Getting Divorced…
Even if you believe your marriage to be legitimate, you may face investigations from USCIS or ICE if you file for divorce from a marriage that granted one of you permanent resident status. You should consult your Addison immigration lawyer to see how your divorce may affect your status.
Consider speaking with a criminal defense attorney who handles marriage fraud cases if you believe USCIS or ICE will investigate you for marriage fraud. We can explain what you may be facing and how to proceed.
Why Choose The Law Offices Of Randall B. Isenberg?
Randall B. Isenberg has more than 30 years of legal experience, including prior appointments as Senior Chief Felony Prosecutor and State District Trial Judge. The legal team at the Law Offices of Randall B. Isenberg is dedicated to providing compassionate, thorough, and effective legal counsel to those facing criminal charges.
Contact our office today to speak with one of our team members about your marriage fraud case.
