Marriage fraud is a federal crime. Marriage fraud within the meaning of federal criminal law is getting married for the only purpose to obtain immigration status. This law, Section 1324(c) of Title 8 of the U.S. Code, applies to the U.S. citizens or green card holders (permanent resident aliens) as well as to the nonresident aliens.
Most people charged with marriage fraud are also likely to be charged with another crime of making false statements under Section 1001 of Title 18 of the U.S. Code.
While many marriages between aliens and U.S. Citizens are valid marriages, it is the “sham marriages” that the ICE is interested in. A sham marriage is a fake marriage that exists only in order to avoid immigration restrictions one of the “spouses”. Some defendants have a “commercial agreement” in which a citizen marries an alien for a fee. The alien then applies for green card based on marriage and when they receive it, the “marriage” is terminated. This is is the most commonly prosecuted type of marriage fraud in New York federal courts. Sometimes these schemes are operated on a grand scale and involve dozens of participants. The government has easier time to prove conspiracy in these types of cases because of cooperation by some members of the conspiracy against others. Another type, less commonly prosecuted and more easily defensible is when an alien marries a citizen and then abandons them after getting a green card.
When the ICE suspect that a marriage is a sham, they will investigate it to determine whether there is any evidence of fraud. IT is extremely important for the investigation targets to seek legal advice as soon as possible, hopefully before discussing anything with the investigator.
In order to convict someone of marriage fraud, the government doesn’t have to prove that the defendant knew which specific immigration law he or she violated. They generally only need to prove that the defendant knew that he or she violated some immigration law.
There are several defense techniques a good federal criminal lawyer can use in defending marriage fraud cases if these defenses are applicable One is the argument of lack of intent to commit a crime. The others would include pre-trial motions to suppress statements and other evidence and motions to sever co-defendants.
Consequences of conviction for immigration fraud can be devastating, including prison time and almost certain deportation. If you have been accused of immigration fraud or marriage fraud in the NYC area, call our New York City immigration fraud criminal lawyers today at (212) 577 6677.