Immigration Fraud Lawyer
If a non-citizen uses any type of deception to obtain immigration benefits, they are committing fraud. The U.S. Citizens and Immigration Service (USCIS) takes immigration fraud very seriously.
Immigration fraud is complicated. It is also a federal crime. If you are charged with immigration fraud, you need the services of the team at Martinez Immigration.
Book a virtual consultation with us today.
Common Types of Immigration Fraud
Immigration fraud falls into three main categories:
- Marriage fraud–A non-citizen marrying someone strictly to receive permanent resident status is against the law. Sometimes money is paid to the fraudulent spouse, and other times the non-citizen may convince the citizen spouse that their feelings for them are genuine. Either way, the USCIS examines any marriage between a citizen and a non-citizen closely.
- Visa fraud–Immigration marriage fraud also leads to visa fraud. If the foreign national acquires a visa by entering into a sham marriage, they are liable to be charged with visa fraud.
- Document fraud–Using false or altered documentation regarding proof of U.S. residence or citizenship has severe consequences.
Identifying Immigration Fraud
There are various factors the USCIS examines to determine whether a marriage between a non-citizen and a U.S. citizen is genuine or fraudulent. As a married couple, not doing any of the following is suspect:
- Living at the same address
- Combining finances, such as bank accounts
- Taking out joint mortgages or other loans
A couple not speaking the same language is another red flag for the USCIS.
The USCIS will interview the spouses separately to ascertain whether both agree on simple facts, such as what side of the bed each sleeps on.
Book a virtual consultation with us today.
Immigration Fraud Penalties
Penalties for immigration fraud are severe. In immigration marriage fraud, both the U.S. citizen and the foreign national face penalties of up to five years in prison and a $250,000 fine. The non-citizen faces deportation and the inability to ever receive U.S. citizenship. The U.S. citizen may face charges of conspiracy or harboring an alien.
Visa or document fraud may bring up to 15 years in prison. Charges may include forgery or counterfeiting.
Immigration Fraud Charges Defense
If charged with immigration fraud, you need experienced legal representation for your defense. Each case is unique, so the defense will depend on the circumstances.
There are occasions on which the USCIS determines that a legitimate marriage is a sham. An immigration attorney can help you build a case using evidence that the marriage is real. The USCIS must also provide compelling evidence that the marriage is not legitimate.
Unfortunately, many immigrants fall prey to immigration scams regarding documentation and think these false documents are real. An immigration fraud lawyer can offer a defense, such as their client being mistaken about the information provided. The client may have been unaware they were committing immigration fraud.
Book a virtual consultation with us today.
Contact an Immigration Fraud Lawyer at Martinez Law
If you have been charged with immigration fraud, contact the immigration law services at Martinez Immigration right away. We represent clients during every stage of the process and can help with all immigration matters. While based in Texas, we serve clients throughout the country, including California and Florida. Schedule a virtual consultation!
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No Matter What your immigration needs or questions are…
We take great pride in providing immigration services to our clients. Our mission to reunite families drives us to succeed.
