CASE 2 - Immigration Marriage Fraud (Penalties)

Refer to http://www.criminaldefenselawyer.com/crime-penalties/federal/marriage-fraud-citizenship.htm, a finding of marriage fraud can have both civil and criminal consequences for the immigrant, and criminal consequences for the U.S. citizen or permanent resident petitioner. An immigrant found to have committed marriage fraud could be removed from the United States (deported). If he or she still holds a nonimmigrant (temporary) visa, it would be revoked. In addition, the fraud would remain on the person’s immigration record, making it virtually impossible to obtain any future U.S. visa or green card. According to Section 275(c) INA, any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than five years, or fined not more than $250,000, or both. Punishment can also be meted out under Title 18 of the U.S. Code, at Section 1546.  This section prohibits, among other things, making false statements under oath. Sentencing under this section starts at ten years for a first or second offense.

Besides that, the most severe penalties are usually applied to people who engage in conspiracy operations, such as systematically arranging fraudulent marriages. But that doesn’t mean that a U.S. citizen or resident who enters into a fraudulent marriage on his or her own will not also be punished. If the U.S. spouse is only a permanent resident, not a citizen, he or she might be placed into removal proceedings and ultimately deported based on the finding of marriage fraud.