What to Do If You Are Accused of Immigration Fraud

 Posted on November 30, 2023 in Federal Crimes

In one year, the Department of Justice prosecuted over 25,000 defendants with illegal entry into the United States.

A person can be accused of immigration fraud if the individual knowingly provides false information on any documents or application to enter the United States. Immigration fraud is a federal crime, and if you are found guilty, you may be subjected to several years in prison, substantial fines, and deportation.

Many of these accusations are unsupported, but the federal government still investigates each case closely. If you have been accused of immigration fraud, you should contact a Chicago immigration fraud lawyer to protect your rights.

Elements of Immigration Fraud

For a person to be denied entry into the United States, the federal government must find that the individual made a false statement with the intent to deceive.

For a U.S. immigration officer to deem a person guilty of immigration fraud, the following must be shown:

• The person secured, or attempted to secure, an immigration benefit in the United States.
• The person made a false representation.
• The false representation was made deliberately and with the knowledge that it was false.
• The false representation was relevant and significant to obtaining the benefit.
• The false representation was made to a U.S. government official.
• The false representation was made with the intent to deceive a U.S. government official.
  
• The U.S. government official believed and acted upon the false representation by granting the individual the immigration benefit.

Steps to Take if You Are Facing Immigration Fraud Allegations

A very common type of immigration fraud involves immigrants marrying U.S. citizens to gain entry into the country. If you are the victim of “marriage fraud,” you can gather evidence showing that you and your spouse-to-be have a legitimate relationship.

Utility bills, rental agreements, bank statements, and any other pieces of mail that show both your names listed at the same address, will help to showcase the validity of your union.

You will also want to ask your family, friends, and neighbors to testify to the authenticity of your relationship. Any testimony that demonstrates that you both live under the same roof and partook in activities together will help to support your case.

The United States Citizenship and Immigration Services (USCIS) will require you to answer questions as part of their investigation. Before complying, you should hire the services of a Chicago immigration fraud lawyer who can assist you in defending these unfounded charges. 

Marriage fraud is punishable by up to five years in prison, a fine of $250,000, or both. In some cases, you may be deported. Fighting these charges is crucial to salvaging your future.

Accused of Immigration Fraud? Contact a Chicago, IL Immigration Fraud Lawyer Today

Immigration fraud can come in many forms, with certain forms being charged as a federal crime. If you or a family member has been accused of immigration fraud, you need the experience of a Chicago, IL immigration fraud lawyer. Contact the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney today online or by calling 312-629-0669 to schedule your free consultation.