VICTIMS OF IMMIGRATION FRAUD

Our goals are simple, yet challenging. We want to give guidance to those that have been victimized by deceptive foreign spouses, a broken immigration system, and an unfair judicial system. We also hope to prevent other American men and women from having to experience these injustices.

IMMIGRATION MARRIAGE FRAUD

Did you know that it is possible for a foreigner or a non-U.S. citizen to be granted a green card if they are legally married to a U.S citizen? The truth is – you can gain citizenship or entry to the country if you are married to a US citizen (USC) or Legal Permanent Resident (LPR).

However, it is also possible that you might be committing marriage fraud if the relationship was entered for the sole purpose of getting a U.S. lawful permanent residence. According to the Marriage Fraud Amendments Act of 1986, you can be fined $250,000 or imprisoned for five years for knowingly entering into marriage with intentions of avoiding the immigration laws.

Even so, what does immigration marriage fraud entail? How do you ensure the immigration authorities don’t come knocking on your door? Read on for an insight into everything you need to know about immigration marriage fraud, including U.S. immigration laws concerning the immigration of foreign spouses. We have also highlighted the penalties, reporting tips, and suggestions on how to stop marriage fraud.

What Is Marriage Fraud?

Marriage to a U.S. citizen or legal resident is fraudulent as described in Section 204 (c) of U.S. Immigration Laws. This section defines the conditions under which a marriage is fake. These conditions include marriages constituted to bypass U.S. immigration laws or to obtain U.S. citizenship fraudulently.

For a marriage to be legal, a couple must prove the legality of their marriage. Courts may require spouses to provide legal documentation proving the status of their marriage. Couples may also have to prove their desire to live together by actions. If a couple fails these tests, the Court may consider their marriage null and void and therefore illegal.

Other factors the courts may evaluate include being married to another partner and imminent or pending divorce proceedings. Despite partners loving one another, U.S. immigration law may consider a marriage illegal if it violates some or all of Section 204 (c) provisions. For this reason, applying for a green card without meeting these requirements makes one liable for marriage fraud.

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WHY IS THIS ISSUE A CONCERN?

Some provisions of the Violence against Women Act (VAWA) are being used by foreign national spouses to bypass the immigration laws of the United States. The K-1 Fiancée visa system has a loophole that encourages false allegations of domestic abuse. The accuser is given an incentive to self petition themselves into the United States (VAWA I 360 exception) these same provisions also deny an American spouse a fair opportunity to present a defense to the USCIS when an allegation of abuse is made by a foreign spouse, whether it is a man or a woman. The lives of American citizens are being destroyed both emotionally and financially. Their reputations are being shattered within their communities.

“It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people’s minds.” – Samuel Adams

“All that is necessary for the triumph of evil is that good men do nothing.” – Edmund Burke

"It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people’s minds."

Samuel Adams

“All that is necessary for the triumph of evil is that good men do nothing.”

Edmund Burke

What will you do? What can you do?

The safety of our nation begins at its borders but it does not end there. It is therefore essential that not only must our borders be secured, but that our immigration bureaucracy honor those who abide by the laws and seeks to weed out those who would commit fraud and those who would assist them. – Michael Cutler, former Senior Special Agent at the INS In a recent joint investigation by the U.S. Attorney’s Office for the Middle District of Florida, U.S. Immigration and Customs Enforcement (ICE) and U.S. Citizenship and Immigration Services (USCIS), more than eighty people were arrested in various marriage fraud conspiracies. On the ICE website, in a story about that investigation, we would like to bring attention to the following quotes:
U.S. Attorney O’Neill stated, “Sham marriages are a threat to Homeland Security. They subvert our immigration laws and our efforts to ensure proper and legal identification of those who enter and remain in our country. Those individuals who take illegal shortcuts to citizenship, or assist in that activity, will be investigated and prosecuted.”

ICE needs to send a clear signal to individuals that fraud has consequences. As it stands now, immigrant spouses know that individual fraud is not investigated.

“Marriage fraud will not be tolerated. It is a direct attack to the national security of the United States,” said Director Redman. “The process of detection of marriage fraud begins the moment an application is submitted to our agency and later when a couple comes to our offices for a marriage interview. So, beware. The job of our adjudicators is not just to grant or not an immigration benefit. It is also, and most definitely, keeping our country secure.”

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What does it take to get the US Attorney’s Office or ICE to initiate an investigation of an individual?

Experience and history shows they only investigate large scale rings.
“Benefit fraud poses a significant vulnerability that must not go unchallenged,” said Special Agent in Charge Weber. “Operation Knot so Fast should send the clear message that ICE and its law enforcement partners will not tolerate the exploitation of our countray’s immiagration system. Whether you are marrying one person under false pretenses or various people, or facilitating the fraud, know this: you will be found, arrested and held accountable for your actions.”

Our country is far from secure when so many individuals have exploited our country’s immigration system without a system of checks and balances.

K1 Fiancée visa Marriage fraud has been a serious problem in the United States since this visa was created. However after passing of the Violence against Women Act with its Domestic Violence provisions for immigrant souses the situation has become much worse. VAWA provisions have encouraged even promoted marriage fraud by granting creating a perverse incentive for the immigrant spouse to make a false claim of domestic violence in order to self petition themselves and fast track themselves to a green card and US Citizenship. Today more than fifty percent of marriage fraud victims that register with our organization are female US citizens who have married foreign spouses. The Violence against Women Act name is just for marketing the law is gender neutral and American women are the victims as well as men.
INTERNATIONAL MARRIAGE SCAMS WITH SPOUSES BOTH MEN AND WOMAN
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