J. Molina Law Firm

Marriage Fraud – Risks and Consequences

Marriage Fraud occurs when a person enters into a marriage for the sole purpose of obtaining immigration benefits, such as a Green Card or citizenship. It’s considered a serious violation of U.S. immigration law and can lead to severe penalties. Understanding what constitutes Marriage Fraud and the different types can help immigrants avoid unintentional mistakes and the risk of deportation.

Types of Marriage Fraud

  1. Sham Marriages: A common type of Marriage Fraud is when two people agree to get married without any intent to live together as a real couple. This is often done to help one person gain immigration benefits.
  2. Misrepresentation in Genuine Marriages: Even in genuine marriages, providing false information on immigration forms or lying about the relationship to immigration officers can be considered Marriage Fraud.
  3. Business Transactions: Some individuals pay U.S. citizens to marry them or offer other financial incentives. This form of Marriage Fraud is illegal and can have serious legal consequences.

How To Avoid Being Accused of Marriage Fraud

If you are in a genuine marriage with a U.S. citizen or permanent resident, it’s crucial to provide clear and honest information throughout your immigration process. Keep detailed records of your relationship, including photos, joint financial accounts, and proof of living together. When attending interviews, be honest and transparent about your relationship. Any inconsistency in your story or lack of supporting documents could raise suspicions of Marriage Fraud, even if your marriage is legitimate.

Penalties for Marriage Fraud

The penalties for Marriage Fraud can be severe. Individuals found guilty of Marriage Fraud can face:

  • Deportation: If the marriage is found to be fraudulent, the immigrant can be deported from the United States.
  • Fines and Prison Time: Those convicted may face fines up to $250,000 and up to five years in prison.
  • Permanent Ban on Re-Entry: A finding of Marriage Fraud can lead to a permanent ban from re-entering the United States, even if the individual later marries a U.S. citizen genuinely.

If you have concerns about being accused of Marriage Fraud, J. Molina Law Firm can provide expert guidance and support. Contact us today to book a consultation.

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