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.

As a general rule, persons who entered the United States illegally (i.e. snuck across the border or otherwise entered without inspection by an immigration official) are not entitled to apply for lawful permanent residency in the U.S. by utilizing the adjustment of status process. As a result there are many undocumented and unlawful immigrants who are in the U.S. and despite being married to a U.S. Citizen have very few good options for legalizing their status. This is because of a law known as the 3/10 year bar that provides that anyone who enters the U.S.

The current U.S. immigration law system for family members of U.S. residents and Citizens is a preference system. Unless your family member is considered an immediate relative of a U.S. Citizen their visa applications will be subject to annual quotas and the preference system.

The preference system gives priority to visa applications based on the nature of the relationship between the petitioner (U.S. Citizen or lawful permanent resident) and the beneficiary. For example, the 1st preference is for unmarried sons and daughters of U.S. Citizens.