Punishments for Immigration Marriage Fraud in the U.S.
Immigration-related marriage fraud is a serious crime with severe penalties. Here’s what you need to know about the penalties for immigration marriage fraud in the United States.
If a person engages in immigration-related marriage fraud in the United States, they can face up to 5 years in prison as well as up to a $250,000 fine. The immigrant also faces the revocation of their visa, deportation, and the inability to obtain a U.S. visa in the future. Specific individuals may face increased penalties depending on the extent to which they broke other laws in the process of committing marriage fraud.
What is Marriage Fraud?
Marriage fraud is a felony in which a foreign citizen marries a U.S. citizen in order to evade immigration laws, such as to obtain a green card. According to I.C.E., marriage fraud occurs in the following situations:
- A “mail-order” marriage in which either party knows that the marriage is a fraud
- An immigrant misleads a U.S. citizen into marriage in order to circumvent the law
- A U.S. citizen receives money in order to marry an immigrant already living in the United States or does so as a favor
In other words, if a marriage between a U.S. citizen or permanent resident and a foreign national is entered into for the purpose of granting the immigrant an easier path to resident status as opposed to for the purpose of love, then marriage fraud has occurred.
Related: How to Report Marriage Fraud to USCIS Immigration
Penalties for the Immigrant
Marriage fraud is a serious crime. According to 8 U.S.C. Section 1325, any individual that engages in marriage fraud faces up to 5 years in prison as well as up to a $250,000 fine. For the immigrant in particular, the penalties do not stop there. 8 U.S.C Section 1154 (c) states that an immigrant convicted of marriage fraud shall not be able to petition for visas in the future. In addition, the immigrant faces deportation if they were granted entry into the U.S. was because of the sham marriage.
Related: How Divorce Affects Immigration Status
Penalties for the U.S. Citizen
The U.S. citizen also faces up to 5 years in prison and up to a $250,000 fine. The penalties faced also depend on the extent to which the individual evaded or broke certain laws. For example, a U.S. citizen may have run an operation that involves repeated marriage fraud as an illegal business. This individual would face penalties associated with criminal conspiracy. In addition, an individual who committed marriage fraud may be convicted of making false statements and more, with each involving their own additional penalties.
Related: Divorce Due to Immigration Fraud
If you believe you may be the victim of marriage fraud, contact Her Lawyer to be put in touch with a family law attorney who has expertise in immigration law.
FAQs about the Penalties for Immigration Marriage Fraud
What is marriage fraud?
Immigration-related marriage fraud is any case in which people enter a marriage for the purpose of evading immigration laws.
What are the penalties for the immigrant?
The immigrant faces up to 5 years in prison as well as up to $250,000 in fines. In addition, they will be prohibited from obtaining a visa in the future and may be deported.
What are the penalties for the U.S. citizen?
The U.S. citizen also faces up to 5 years in prison as well as up to $250,000 in fines. They may face additional penalties based on whether or not they committed other crimes in the process of committing marriage fraud.
How do I report marriage fraud?
Use USCIS’s online tip form or call them at 1-800-375-5283.
Contact Us
If you believe you may be the victim of marriage fraud or are in any way involved, a lawyer can be very useful to ensure you are not convicted of a crime or at the very least receive reduced penalties. Contact Her Lawyer for your free consultation!