VICTIMS OF IMMIGRATION FRAUD
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.
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