Marriage fraud occurs when a foreign national marries a U.S. citizen to obtain U.S. citizenship without going through the U.S. immigration system. It specifically refers to fraudulent relationships where no genuine relationship exists between the two parties.
If you are faced with charges of marriage fraud, a Forney marriage fraud lawyer can help. The Law Offices of Randall B. Isenberg offer free consultations to assist you with your legal defense.
How Is Marriage Fraud Defined?
You can be involved in a relationship with a foreign national and want to marry them and help them become a U.S. citizen without committing marriage fraud. According to U.S. immigration law 8 U.S. Code § 1154, a foreign national who entered into the marriage in good faith and not as part of an exchange or favor can petition to become a U.S. citizen by marriage.
Marriage fraud occurs when a foreign national or U.S. citizen enters the relationship in bad faith. For example, if either spouse misrepresented their intentions as genuine when their ulterior motive was to obtain citizenship, this could be considered marriage fraud.
Similarly, if the U.S. citizen in the relationship married a foreign national to provide them with an avenue to U.S. citizenship in exchange for favors, gifts, or other compensation, they could be found guilty of marriage fraud.
Defending Yourself Against Allegations Of Marriage Fraud In Forney, Texas
If you or your spouse have been accused or charged with marriage fraud, it is a serious criminal accusation with severe consequences that may include jail time and a hefty fine. In addition, the foreign national in your relationship faces potential deportation and could be banned from entering the U.S. in the future.
When facing serious charges, working with a criminal defense attorney familiar with U.S. immigration laws and processes is best. The Law Offices of Randal B. Isenberg have the knowledge and resources to help you defend against marriage fraud charges, whether you were a victim of marriage fraud or a suspected participant.
Understanding How A Marriage Fraud Investigation Works
If you or your spouse are suspected of marriage fraud, the U.S. Citizen and Immigration Services (USCIS) will conduct an investigation of your living situation, including:
- Documents substantiating your relationship, such as photos, notes, letters, emails, bank statements, and other evidence to prove you have been living as a couple
- Interviews of both spouses asking about your living situation, routines, and other details to substantiate that you are cohabiting in a genuine relationship
8 CFR § 103.2 outlines the types of proof that may be required to prove that the relationship is genuine and disprove allegations of marriage fraud. If you receive a request for additional information, an interview summons, or request for a biometrics capture, be sure to provide any requested information and appear at all appointments.
To ensure that you provide the necessary information and protect your legal rights, it is wise to speak with a marriage fraud attorney before you speak with anyone. If you received a request for evidence or notice of intent to deny from the USCIS and fail to act, you or your spouse could lose the petition for U.S. citizenship and face charges of marriage fraud.
How A Marriage Fraud Defense Lawyer Can Help With Your Case
U.S. law dictates that everyone accused of a crime in the U.S., including foreign nationals, has the right to an attorney representing their interests. If you have been arrested or are facing accusations of marriage fraud, a Forney marriage fraud lawyer with experience handling immigration cases in Texas can help you fight for your legal rights and defend yourself in court.
Immigration law is complicated, and even a small misstep can result in fines, jail time, and deportation. Marriage fraud is taken very seriously by the USCIS and the U.S. government. Sometimes a nervous applicant may forget or overlook important details when submitting documentation or sitting down for an interview. In this way, couples in genuine relationships, some of whom have families, jobs, and houses, can be uprooted and their lives destroyed.
When you work with the Law Offices of Randall B. Isenberg, you benefit from 30 years of criminal defense work across the state of Texas. Our dedicated legal team will:
- Obtain evidence
- Help you complete paperwork
- Assist you with your preparations for interviews
- Help you keep track of your USCIS deadlines and appointments
- Complete legal filings
- Represent you in hearings and at trial
Do Not Delay If You Are Facing A Marriage Fraud Investigation
If you are notified that you are under investigation for marital fraud, do not wait to reach out to a lawyer. The consequences of a marriage fraud conviction are severe and can upend your entire life. With a lawyer on your side, you can ensure that you are providing the necessary documentation for information requests and that you are prepared for questions that may arise during interviews.
By notifying your lawyer as soon as possible after the investigation begins, you give them time to thoroughly examine your case, discover the best defense for your situation, and obtain the evidence they need to support your case. To give yourself the best chance for a positive outcome, reach out to an attorney to discuss your legal options in a marriage fraud case.
Let A Forney Marriage Fraud Attorney Get Started On Your Case Today
Marital fraud is a serious crime with severe consequences that can affect you for years to come. Reach out to the Law Offices of Randall B. Isenberg to discuss your legal options during a marital fraud investigation, both in and out of the courtroom.
Randall B. Isenberg has spent the past three decades successfully defending accused clients across Texas. He knows how an accusation of marriage fraud can affect every aspect of your life and place you and your family at risk of significant upheaval.
Contact our offices today for a free consultation and see how we can support you in your marriage fraud investigation.