U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE) take marriage fraud very seriously. When a U.S. citizen marries a foreign national for immigration purposes, there is an increased risk for abuse and exploitation of either party. Since marriage fraud bypasses some of the safeguards in our immigration system, homeland security issues arise as well.
Maybe you and your spouse believe your marriage to be legitimate, but USCIS has called it into question. Or, maybe you or your spouse knew the marriage was for immigration purposes. No matter how your marriage fraud case started, you deserve fair representation that can protect your rights. A Rockwall marriage fraud lawyer from the Law Offices of Randall B. Isenberg can do just that.
What Is Considered Marriage Fraud?
Marriage fraud occurs when a U.S. citizen and a foreign national enter into a marriage to bypass immigration processes.
There are many situations in which a marriage may be fraudulent. These include:
- Falsified marriage documents, like a fake or invalid marriage license
- Faked romantic history and/or relationship
- A third-party coordinated marriage, such as through a “mail order bride” service, where at least one party knew the marriage was illegitimate
- A U.S. citizen agreeing to marry a foreign national for immigration purposes, whether or not money is involved
- A foreign national marrying a U.S. citizen for immigration purposes, whether or not the citizen is aware of the fake marriage
There can be a lot of nuance in marriage fraud cases, which is why it’s so important to consult with a criminal defense attorney who works on marriage fraud cases. A Rockwall marriage fraud lawyer from our office can help you defend your marriage or build a case against the government’s claims.
You Can Get Help from a Marriage Fraud Lawyer
A marriage fraud lawyer can help anyone being investigated for, accused of, or charged with marriage fraud. We represent those who firmly believe their marriage to be legitimate and fight for those who have entered potentially fraudulent unions to start new lives here in the U.S.
No matter the circumstances of your marriage fraud case, a marriage fraud lawyer from our office can help with:
- Gathering evidence
- Building a defense
- Representing you in court
- Advising you during every step
- Negotiating with prosecutors
- Ensuring your rights are upheld
- Getting you a just sentence
Why Choose the Law Offices of Randall B. Isenberg?
Our founding attorney, Randall B. Isenberg, has dedicated his entire legal career to the criminal justice system. In his more than 30 years of experience, he’s served on both sides of the bench — including as Senior Chief Felony Prosecutor and State District Trial Judge.
Now, attorney Isenberg is a board-certified criminal defense lawyer and a certified criminal defense advocate. He’s also been recognized as one of Texas’s top lawyers. The Law Offices of Randall B. Isenberg has the reputation and experience to tackle complex marriage fraud cases.
I Thought My Marriage Was Legitimate…Now What?
Unfortunately, marriage fraud can occur even if you believe that your marriage is legitimate. Here are some situations in which a presumably legitimate marriage can be fraudulent by USCIS standards:
- One partner knows the marriage is for immigration purposes: Even if you believe your marriage is based on love and wanting to build a life together, your marriage could be fraudulent if your partner married you for the sole purpose of expediting immigration processes.
- Both partners thought their marriage was legitimate: Falsified or invalid marriage documents can invalidate an otherwise legitimate marriage. Or, one or both partners were still legally married to other people at the time of the marriage, which can invalidate an otherwise legitimate marriage. This can happen if a divorce doesn’t get finalized in time and you’re not aware of this fact.
If you were tricked into marrying a foreign national, either by your spouse or a third party, you can work with one of our marriage fraud lawyers to gather evidence that proves you did not know your marriage was illegitimate and you had every intention of building a life with this person.
If both you and your partner believe your marriage is real, our marriage fraud lawyer can also collect evidence to demonstrate that you weren’t intentionally trying to defraud the U.S. government and that it was a mistake or manipulation by a third party.
Evidence to Prove a Marriage Is Legitimate
USCIS will interview you, your partner, and your friends and family to verify your relationship and the evidence in your residency application. These are the types of evidence they look for:
- Relationship history
- Sharing a home together
- Sharing children
- Sharing financial assets and responsibilities
- Having met each other’s families
Not every couple meets all these standards. For instance, you may not have any children together. If USCIS calls your marriage into question, these are some areas in which we can gather evidence and refute claims.
Some red flags that may tip off USCIS’s and ICE’s suspicion about your marriage is if you were married in another country or were married shortly after meeting. Neither of these incidents mean that your marriage is fraudulent. And a Rockwall marriage fraud attorney can build a defense case to disprove these agencies’ claims about the validity of your union.
Penalties for Marriage Fraud
U.S. citizens convicted of marriage fraud can face:
- Felony charges for marriage fraud, visa fraud, harboring an alien, and making false statements
- Up to five years in prison
- Fines of up to $250,000
Immigrants found to be in a fraudulent marriage for immigration purposes can get:
- Felony charges
- Up to five years in prison
- Their residency status and visa revoked
- Denials for all future visa applications
These are sentencing guidelines, and a Rockwall marriage fraud lawyer can make sure you get a just sentence or avoid unnecessary punishment for a legitimate marriage.
When Should I Get a Marriage Fraud Lawyer?
You should obtain a lawyer any time you believe you’re being investigated, if you’re questioned about the status of your marriage outside the CIS interview process, if you’re charged with marriage fraud, or if you’re trying to appeal a decision in your marriage fraud case.
We’re Ready to Take Your Marriage Fraud Case
At the Law Offices of Randall B. Isenberg, we believe that you deserve quality representation when defending your marriage’s legitimacy. If USCIS or ICE are investigating or looking to charge you with marriage fraud, contact a Rockwall marriage fraud lawyer from our firm. We offer free consultations so you can learn more about how we can help your case.