The Consequences of Immigration Fraud

The Immigration and Customs Enforcement has recently ramped up its efforts in investigating and arresting those who are involved in immigration marriage fraud. Recent reports from New York, Ohio, Arizona and other states across the country tell the story of immigrants, attorneys, and U.S. citizens being arrested for engaging in marriage fraud schemes.

In the typical marriage fraud case, a intending immigrant will engage a U.S. Citizen to marry him or her for the purpose of obtaining a green card. In some cases, the U.S. Citizen will be a friend just doing a favor for the immigrant. In other cases, the arrangement is strictly business and the immigrant offers to pay the U.S. Citizen to marry him or her. Both arrangements are equally illegal. Simply put, marriage fraud occurs when a couple is married for the sole purpose of obtaining an immigration benefit. To be sure, it is not immigration fraud if the marriage is a bona fide and legitimate marriage but one of the motivating factors for the marriage was an immigration benefit. Fraudulent marriages are those in which neither party has any intent of living as husband and wife.

I have encountered immigration fraud cases in my practice and I am always surprised that the parties have no appreciation for the seriousness of their actions. Marriage Fraud is a federal offense and is punishable by up to 5 years imprisonment and fines of up to $250,000. It is a serious offense and federal law enforcement is actively investigating and pursuing those who engage in this criminal activity.