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Penalties of fraudulent marriage for immigration

On Behalf of | Jun 28, 2023 | Crimmigration

In New Jersey and the rest of the United States, there is no government-imposed restriction on who a US citizen can marry. As long as the couple does the application process properly and the government performs adequate medical and background checks, it may be possible for the foreign spouse to be issued a green card. This will allow them to work and live in the United States permanently.

Marriage fraud

Some individuals will use marriage as a way to circumnavigate the United States immigration system. They do this to obtain a green card fraudulently. This is considered crimmigration. Crimmigration is defined as the body of laws that address criminal offenses and how they impact a person’s immigration status.

Marriage fraud, which is a marriage that happens just so that an immigrant can get a green card, is a serious crime. People refer to it as a sham marriage. Cases of marriage fraud get investigated by the US Immigration and Customs Enforcement (ICE). At times, Homeland Security Investigations (HSI) will also check into the matter.

Marriage fraud penalties

According to federal law, if a person intentionally enters into a marriage attempting to evade immigration laws, they can face up to five years in prison and a fine of up to $250,000. The alien spouse will have their visa revoked. Once released, the individual is immediately sent back to their home country. The government will impose restrictions on them, preventing them from getting a visa or green card. If an alien spouse becomes a citizen due to fraud, the authorities will evaluate whether that citizenship should be revoked.

When applying for a green card through marriage, it is important to provide accurate information. The information should reflect the reality of your life. It allows immigration and government officials to know the couple got married in good faith.