Immigration guide: In US, penalties are severe for marriage fraud

Penalties are severe for those who are found to have committed marriage fraud.  

 

In one’s desire to get a green card right away, people have resorted to entering into a sham marriage or a marriage for convenience.    Some people have been successful in getting a green card through this route but a lot of these individuals get caught by the U.S. Citizenship and Immigration Services (USCIS) committing marriage fraud.   

 

The penalties are severe for those who are found to have committed marriage fraud.  Once their application for adjustment is denied, these individuals are put in removal proceedings with little or no relief in court.  Moreover, a finding of marriage fraud bars the approval of any subsequent immigrant petition filed for that individual.   Thus, a new petition filed either by a relative or an employer for this individual will be denied because of the marriage fraud finding.

 

Some have even fallen prey to unscrupulous individuals who have represented themselves as immigration consultants who will be able to help them legalize their stay after paying them exhorbitant fees.  Unknown to the helpless victims, these consultants would make it appear that they were married to a U.S. citizen by submitting fraudulent marriage and birth certificates.   The victims would be able to get a working permit, but their applications would eventually be denied when they are asked to appear before the USCIS for an interview.    These victims later discover that they have been duped by these consultants when they could no longer locate these consultants.    

 

When it is time for these victims to file an application for adjustment of status and this time based on a real marriage, they found themselves being confronted by the government with this previous fraudulent application filed for them by the immigration consultant.   

 

In some cases, the USCIS will impute fraud to these victims and would ask them to file for a waiver where they can ask the government to forgive them for the fraudulent application submitted for them.  In another case, the government would go as far as charging the applicant as having committed marriage fraud even if the act committed does not fall within the purview of marriage fraud.

 

Due to the severity of the consequences of marriage fraud, one must think twice before entering into a sham marriage.   Marriage is not the only option if it is not true love, you may be eligible for other reliefs that are available to you.  More so now that a comprehensive immigration bill is being debated in Congress.

 

Atty.  Dennis E. Chua is a partner in The Law Firm of Chua Tinsay and Vega (CTV) -  a full service law firm with offices in San Francisco, San Diego, Sacramento and Manila.   The information presented in this article is for general information only and is not, nor intended to be, formal legal advice nor the formation of an attorney-client relationship.   Call or e-mail CTV for an in-person or phone consultation to discuss your particular situation and/or how their services may be retained at (415) 495-8088; (619) 955-6277; (916)509-7280 Dchua@ctvattys.com. - Philippine News