Marriage Fraud and Deportation: How to Protect Yourself from Removal
Shawn Sedaghat, Esq.
Marriage fraud is a serious violation of immigration laws in the United States, and it can lead to severe consequences, including deportation.
For anyone going through the immigration process, it’s essential to understand the implications of entering a sham marriage for immigration benefits.
This article will walk you through the key points about deportation and removal due to marriage fraud, how to defend yourself against marriage fraud allegations, and how to protect yourself if you’re facing these charges. Whether you’re a foreign national, a lawful permanent resident, or a U.S. citizen, this information is vital to navigating the complexities of U.S. immigration.
What Is Marriage Fraud?
Marriage fraud occurs when two individuals enter into a marriage solely for the purpose of obtaining immigration benefits, such as securing a green card. This type of fraudulent marriage is considered illegal under U.S. immigration law. The government classifies a bona fide marriage as one where the couple enters into the relationship with the intent to build a life together. In contrast, a sham marriage is intended purely to manipulate the immigration system.
Types of Marriage Fraud
There are several forms of marriage fraud, and each can have serious consequences:
- Paid Marriage: A U.S. citizen is paid to marry a foreign national to help them obtain an immigrant visa.
- Marriage of Convenience: Both parties agree to marry for immigration benefits, with no intention of actually living as a couple.
- Fraudulent Marriage by the Foreign National: In this case, the foreign national deceives the U.S. citizen, making them believe the marriage is real when it’s solely for immigration purposes.
Entering into any of these types of marriages can trigger deportation proceedings and lead to additional criminal charges for those involved.
The Role of U.S. Citizenship and Immigration Services (USCIS)
The U.S. Citizenship and Immigration Services (USCIS) is responsible for processing immigrant visa petitions and ensuring that marriages are genuine. They use various methods to detect fraudulent marriages, including interviews, document requests, and even surprise home visits. If the USCIS suspects marriage fraud, they can initiate removal proceedings, which may lead to deportation.
How USCIS Detects Marriage Fraud
USCIS officials are trained to spot signs of marriage fraud. These include discrepancies in personal information, a lack of shared financial responsibilities, and an absence of evidence showing that the couple lives together. Couples applying for immigrant visas based on marriage are usually required to provide evidence of their relationship, such as:
- Joint leases or mortgages
- Shared bank accounts
- Photos of family events
- Correspondence and messages that show a genuine relationship
Failure to provide such evidence may raise marriage fraud allegations, which can lead to deportation for the foreign national.
What Happens if You Commit Marriage Fraud?
If you’re found guilty of committing marriage fraud, the consequences can be severe. Under the Immigration and Nationality Act (INA), fraudulent marriages can lead to both deportation and criminal penalties.
Deportation and Removal Due to Marriage Fraud
Once immigration authorities determine that a marriage is fraudulent, the foreign national will likely face removal proceedings. These proceedings will take place in an immigration court, where an immigration judge will determine whether the foreign national should be deported.
A finding of marriage fraud not only results in deportation, but it also bars the individual from applying for any future immigration benefits. This means that even if the foreign national later marries a different U.S. citizen in good faith, they will be ineligible for a green card or other benefits because of the prior fraudulent marriage.
Criminal Penalties for Marriage Fraud
Those who are found to commit marriage fraud may also face criminal penalties. The law allows for up to five years in prison and fines of up to $250,000 for individuals involved in sham marriages. This applies to both the U.S. citizen and the foreign national.
Additionally, the U.S. citizen involved in the fraudulent marriage may face other consequences, including a permanent criminal record, loss of security clearances, and financial penalties.
Defending Against Marriage Fraud Allegations
If you’re facing marriage fraud allegations, it’s critical to take immediate action to protect your rights. Here’s how you can defend yourself:
1. Consult an Experienced Immigration Lawyer
If you are accused of marriage fraud, the first step is to consult with an experienced immigration attorney. They can help you gather evidence to prove that your marriage is genuine and provide you with expert guidance throughout the removal proceedings.
2. Gather Evidence of a Bona Fide Marriage
To prove that your marriage is legitimate, you’ll need to provide documentation showing that you and your spouse entered the marriage in good faith. This evidence could include:
- Proof of joint ownership of property
- Shared utility bills or bank accounts
- Photos and records of vacations or family events
- Statements from friends and family
Showing that your relationship has all the hallmarks of a genuine marriage will be crucial in defending against marriage fraud allegations.
3. Prepare for Interviews with Immigration Services
USCIS often conducts interviews to assess whether a marriage is legitimate. Being well-prepared for these interviews can make a significant difference in your case. Be ready to answer detailed questions about your spouse’s family, habits, and shared experiences. If the USCIS has any doubts, they may conduct a second interview, known as a Stokes interview, where both spouses are questioned separately to ensure their stories align.
4. Understand the Immigration Process
Navigating the immigration process can be complex, especially if you’re facing removal proceedings due to marriage fraud allegations. It’s essential to understand your rights and responsibilities throughout the process. Your immigration lawyer will help you stay informed and make sure that you are taking the proper steps to protect yourself.
Protecting Yourself from Deportation Due to Marriage Fraud
Being accused of marriage fraud can be overwhelming, but there are ways to protect yourself. First and foremost, it’s essential to enter into marriages for the right reasons. Marriages should be built on love and trust, not as a means to circumvent immigration laws. If you’re in a legitimate marriage and facing accusations, here are a few additional steps to help protect yourself:
- Document Everything: Keep detailed records of your relationship, including shared finances, vacations, and any other activities that show you are living as a married couple.
- Stay Honest: Lying during your immigration interview can only make things worse. Always provide truthful answers and cooperate fully with immigration authorities.
- Get Legal Help Early: If you suspect that your marriage may be under scrutiny, consult an immigration lawyer as soon as possible.
Conclusion
Marriage fraud is a serious crime under U.S. immigration law, and it carries heavy consequences, including deportation and criminal penalties. Both U.S. citizens and foreign nationals involved in fraudulent marriages can face jail time, fines, and lifelong bans from obtaining immigration benefits. It’s essential to understand that a genuine bona fide marriage is the only way to ensure a successful immigration outcome.
If you find yourself accused of marriage fraud, the most important thing to do is consult with an experienced immigration attorney. They can guide you through the removal proceedings and help you defend your case. By preparing well and ensuring that your marriage is seen as genuine by immigration authorities, you can protect yourself from deportation and other serious penalties.
FAQs
1. What happens if I am accused of marriage fraud?
If you are accused of marriage fraud, you could face deportation, criminal penalties, and a ban on future immigration benefits. It’s essential to consult an experienced immigration lawyer to help defend your case and provide the necessary evidence of a genuine marriage.
2. How does USCIS determine whether a marriage is fraudulent?
USCIS uses various methods to detect fraudulent marriages, including interviews, document checks, and even home visits. They look for discrepancies in personal information, lack of shared financial responsibilities, and absence of evidence that the couple lives together.
3. Can I be deported for committing marriage fraud?
Yes, if you are found guilty of committing marriage fraud, you could be deported. Deportation and removal due to marriage fraud is a common outcome for individuals caught in sham marriages.
4. What are the criminal penalties for marriage fraud?
Individuals who engage in marriage fraud can face up to five years in prison and fines of up to $250,000. Both the U.S. citizen and the foreign national involved in the fraudulent marriage can be prosecuted.
5. How can I prove my marriage is genuine?
To prove that your marriage is genuine, you need to provide evidence, such as joint financial accounts, shared property, photos of family events, and statements from friends and family. Working with an immigration lawyer can help you prepare the necessary documentation to defend against marriage fraud allegations.