What Are Some Legal Defenses Against Marriage Fraud Charges?

 Posted on August 21,2024 in Fraud

The United States Citizenship and Immigration Services (USCIS) offers green cards to immigrants who are married to U.S. citizens. A green card allows someone who is not a citizen to live and work permanently in the United States. Some people have abused this rule by creating a black market in which U.S. citizens are paid to marry non-citizens solely for the purpose of obtaining a green card. This is called marriage fraud or false marriage, and it is a form of immigration fraud.

Immigration fraud is a federal crime that carries severe penalties. If you are being accused of false marriage, hire an Illinois immigration fraud defense attorney who will aggressively protect your rights.

What Is Marriage Fraud?

According to the Immigration Marriage Fraud Amendments Act of 1986, marriage fraud is when someone knowingly enters into a marriage for the purpose of evading immigration laws. The most common form of this is a U.S. citizen and an alien marrying so the alien can obtain a green card.

Marriage fraud carries a sentence of up to five years in prison, a fine of up to $250,000, and a lifetime immigration ban for the non-citizen.

How Does the Government Detect Marriage Fraud?

There are a few ways the government detects instances of marriage fraud. One way is by deploying federal law enforcement officers who operate undercover, a method that has successfully identified marriage fraud rings.

Another way is by scrutinizing the green card petition. When a non-citizen applies for a green card as the spouse of a citizen, immigration officials interview the applicant to determine whether the marriage is genuine.

However, even if a green card is issued, the immigrant will receive a conditional CR1 visa if the marriage is less than two years old. This type of green card is valid for only two years. The only way to receive a standard 10-year visa is to prove to the USCIS at the end of the two years that the marriage is still legitimate. If this is not done, the visa is automatically canceled, the immigrant faces deportation, and the couple is exposed to accusations of marriage fraud.

What Are Some Possible Defenses Against Marriage Fraud Charges?

There are several explanations that can be used to defend against marriage fraud charges. For example:

• It was a legitimate marriage entered into with good faith, but it fell through.
• The charges are false, and the couple remain living together as husband and wife.
• The sponsor spouse died.

Contact a Chicago, IL Federal Crimes Defense Attorney

Any defense against marriage fraud charges will require compelling evidence, so make sure to hire an experienced Chicago, IL immigration fraud defense lawyer. As a former prosecutor, Attorney Hal Garfinkel has experience on both sides of the criminal justice system and is ready to build a strong legal defense to protect your rights. Contact the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney by calling 312-629-0669 for a free consultation today.