Irish International Immigrant Center - Marriage fraud to get a visa is a big mistake

Posted on Wednesday, September 19, 2012 at 08:47 AM

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Marriage fraud is not the answer

Q: I have heard that some people who are undocumented receive legal permanent residence based on a marriage to a US citizen that isn’t really genuine, and that there is a good chance that the US immigration authorities will not catch on. Is this true?

A: Anyone considering a green card application based on a fraudulent marriage needs to think again. This is a serious federal offense, and it is vigorously prosecuted by US Immigration and Customs Enforcement (ICE) and the US Department of Justice.

ICE regularly announces, as part of its enforcement efforts such as “Operation Honeymoon’s Over” and “Operation Knot So Fast,” the arrest and federal prosecution of people for committing marriage fraud and related offenses. Generally this involves schemes whereby the conspirators collect substantial fees to arrange sham marriages between US citizens and undocumented immigrants and file fraudulent applications for legal permanent residence. But it also would cover a situation where a US citizen agrees to marry an undocumented person and file a fraudulent application, just as a “favor.” These offenses carry stiff penalties: up to five years imprisonment for each charge, plus a fine of up to $250,000. In addition, the undocumented immigrants involved face removal from the US.

When an immigrant applies to adjust status to that of permanent resident based on marriage to a US citizen, the couple is interviewed by an experienced US Citizenship and Immigration Services (USCIS) officer before a decision is made. At these interviews, the officer asks questions designed to elicit information about whether the marriage is genuine. The couple also must present extensive documentation of the marriage relationship – birth certificates of any children born to the marriage, joint financial information such as tax returns, leases, and bank accounts, photos, and the like. An applicant does not stand a good chance of surviving this level of scrutiny if the marriage is a sham.
Applicants with a genuine marriage, on the other hand, have nothing to fear from USCIS in the interview, which will be quite brief and conducted in a respectful, professional manner. In fact, we at IIIC meet with couples prior to the interview to discuss the process and ensure that their documentation is adequate. They go to their interviews fully prepared and accompanied by a member of our legal staff.

For a free, confidential consultation about marriage-based adjustment of status or any other aspect of immigration law, visit one of our legal clinics advertised in The Emigrant.

Disclaimer: These articles are published to inform generally, not to advise in specific cases. Areas of law are rapidly changing. US Citizenship and Immigration Services and the US Department of State regularly amend regulations and alter processing and filing procedures. For legal advice seek the assistance of an IIIC immigration specialist or an immigration lawyer.

IRISH INTERNATIONAL IMMIGRANT CENTER
100 Franklin Street, LL-1 Boston, MA 02110
Telephone (617) 542-7654 Fax (617) 542-7655
Email: immigration@iiicenter.org Web site: www.iiicenter.org
An organization accredited by the US Department of Justice

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WoundedKnee | Sep 19, 2012, 12:23 PM EDT

This is a big industry in Ireland too. Over there there is a huge number of whirlwind romances between Latvian women and Pakistani men. These torrid affairs quickly lead to marriage in Ireland--for some reason the bride never insists that the ceremony be in her home country, and of course the groom never proposes that the feast be held in his Paki village. Often the bride and groom speak no common language, but the language of love is universal. Tragically, the marriage ends on the evening of the ceremony--How terrible! The woman leaves Ireland on the first available flight and goes back to Latvia.But at least the Pak man has now acquired residence in Ireland, a country in which neither he nor the Latvian hooker has ever lived. I know this would be totally illegal over here--how understanding and romantic of the Irish not to object to it!

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