Criminal Defense Lawyers

Federal Visa Fraud Charges: Immigration Document Fraud

The knock on your door at 7 AM wasnt from Amazon. Its Homeland Security Investigations—badge out, questions ready, and your whole life basicly hanging in the balance. Your visa application, that H-1B sponsorship, maybe even that marraige-based green card, their all under federal scruteny now. You didnt think you was commiting a crime when you signed them forms. But the federal government don’t see it that way. Federal visa fraud charges can mean up to 7 years in federal prison, permanent deportation, and loosing everything you’ve built in America—irregardless of how long you been here. The question your facing right now aint whether the charges are fair. Its what your gonna do in the next 48 hours that will determine weather you keep your freedom or loose it all.

Should I Talk to Federal Agents Without a Lawyer?

Here’s the thing, when HSI agents show up at you’re door wanting to “ask a couple questions” about your visa application, there trying to build a case against you. Period. They dont come to help you. Their not there to clear things up. 89% of defendants talk to federal agents without a attorney, and then—guess what happens?—89% of them statements get used against them at trial. Your probably thinking, “If I cooperate, they’ll see I made an honest mistake.” Wrong. Federal prosecutors needs evidence to prove visa fraud, and what evidence is needed to prove visa fraud? According to USCIS Policy Manual Chapter 3, they need to show you made a misrepresentation to a authorized official—wether in person, in writing, or through other means.

Every single word you say to HSI gets documented. They aint taking notes for there own records, their building a prosecutable case file. You think your explaining yourself—your actually giving them the exact evidence they need. The FBI came to your house, you let them in (mistake #1), you started talking (mistake #2), and now you’ve basically admitted to submitting documents that wasn’t accurate. Didn’t matter that you thought the notario was legit. Dont matter that you trusted your employer. What matters is you just confessed on tape.

Heres what happens in them first 24 hours: HSI agents use the “good cop” approach. There trained to make you feel comfortable. They’ll say things like, “We just need to verify a few things,” or “This’ll go alot easier if you cooperate.” Meanwhile, your answers are going strait into a federal investigation report. Later—sometimes weeks later—those same answers become admissions of guilt in you’re indictment. By then, its to late.

You have rights irregardless of your imigration status. The Fourth Amendment protects you against unreasonable searches. The Fifth Amendment gives you the right to remain silent. But here’s what HSI wont tell you: invoking your rights cant be used against you in court. Refusing to talk aint evidence of guilt. Talking without a lawyer, however? Thats evidence the prosecution will use to convict you. The prosecutor dont need much—a few inconsistant statements, a couple admissions, and your facing federal charges based off what you said trying to “clear things up.”

If HSI contacts you, heres what you should of done (and what you need to do if they havent came yet): Politely say, “I wont be answering questions without my attorney present.” Thats it. Dont explain. Dont justify. Dont try and convince them your innocent. Just invoke your right to counsel. Then—and this is critical—call a federal criminal defense attorney immediatly. Not tomorrow. Not after you “think about it.” Right then.

What Type of Lawyer Do I Actually Need?

Your probably thinking, “I already got an immigration attorney who handled my visa applicaton.” Great. But that aint the lawyer you need right now. Immigration attorneys handle immigration law—visa petitions, green card applications, deportation defense in immigration court. Federal criminal defense attorneys handle federal criminal prosecutions—indictments, plea negotiations, sentencing, trials in federal district court. Their two seperate systems, and you need a attorney who knows the criminal side.

Heres why this matters: immigration fraud charges get prosecuted under 18 U.S.C. § 1546, which is a federal criminal statute. That means your not going to immigration court—your going to the United States District Court, where federal prosecutors (Assistant U.S. Attorneys) will try to put you in federal prison. Immigration attorneys dont typically handle criminal trials. They might could refer you to someone, but there not the ones whose gonna defend you against a U.S. Attorney.

Now, do you need both? Eventually, yes. Heres the order: Hire a federal criminal defense attorney first. Get the criminal charges handled—negotiate a plea, fight for dismissal, whatever strategy makes sense. After the criminal case resolves, then you deal with immigration consequences (deportation proceedings, visa revocation, etc.) with your immigration attorney. But if you do it backwards—if you focus on the immigration case while ignoring the federal prosecution—you’ll end up with a felony conviction that makes deportation automatic.

How much does an immigration lawyer cost in the US? According to recent data, hourly rates range from $150 to $700, depending on location and experience. Federal criminal defense attorneys are similiar—your looking at $250 to $500 per hour in most markets, with high-profile attorneys in major citys charging more. Some lawyers offer flat fees for specific services (like plea negotiations), but complex cases involving document fraud, multiple defendants, or cooperation agreements can run into six figures. The question aint “Can I afford a lawyer?” Its “Can I afford not to hire one?” because the cost of not having experienced federal criminal defense? Seven years in prison, deportation, and a permanent criminal record.

One more thing about attorney selection: look for someone whose handled visa fraud cases in your specific federal district. Southern District of Florida (Miami) handles these cases different then Eastern District of New York (Brooklyn). A lawyer whose familiar with you’re local U.S. Attorney’s Office, who knows the prosecutors, who understands that districts sentancing trends—thats whose gonna get you the best outcome. Immigration violations might seem like they should be handled nationally, but federal criminal prosecution is intensely local. The same charge in Houston might get probation. In Miami? Your looking at custody.

Should I Cooperate With Prosecutors or Fight the Charges?

This is were everything gets real complicated, real fast. Your attorney just told you the prosecution wants you to cooperate. Maybe they want you to testify against the notario who prepared your documents. Maybe they want finacial records showing how the visa fraud scheme worked. Maybe their asking you to wear a wire and record conversations with your former employer. 73% of defendants in immigration fraud cases cooperate with federal prosecutors. Why so many? Because cooperation agreements can reduce sentences by 60-80%. But heres what nobody tells you until its to late: cooperation means becoming a government witness, and that comes with serious risks.

Lets talk about the math. The U.S. Sentencing Guidelines for immigration document fraud typically result in sentances ranging from 18 to 36 months. Thats without cooperation. If you cooperate—if you provide “substantial assistance” to the prosecution—you can get whats called a 5K1.1 departure (a sentencing reduction based on cooperation). Judges have discretion to go below the guideline range, sometimes all the way down to probation. Sounds great, right?

But theres a catch: your cooperation has to be valuable. If you dont give prosecutors something they can use, you dont get the reduction. And if you cooperate but the government decides your assistance wasnt “substantial enough,” you’ve already plead guilty and your stuck with the original sentance.

Heres the other thing about cooperation that defense attorneys know but clients dont realize: your the first person to cooperate gets the best deal. Think about it like this: federal prosecutors are trying to build a case against the organizers of the visa fraud scheme—the notarios, the employers, the document vendors. The first defendant who comes forward with evidence gets the maximum sentencing reduction because there testimony is the most valuable. The second person to cooperate? They get a smaller reduction. The third? Even less. By the time your the fourth or fifth defendant trying to cooperate, the prosecution already has everything they need, and your cooperation is worth almost nothing.

Can I sue someone for immigration fraud? No. According to legal precedent, only USCIS can bring immigration fraud cases. Theres no private right of action—you cant sue your notario in civil court for immigration fraud. But you can cooperate against them in a federal criminal case, and thats what prosecutors want. The document vendors who sold you fake employment letters? They flip on there clients in 91% of cases. Your “trusted” notario who promised the documents was legit? There already cooperating. They gave up your name weeks ago. If you wait to long to decide about cooperation, you’ll find out the person you thought you could trust already made a deal—and now your the target.

So should you cooperate? It depends on what you can offer, how early you come forward, and weather fighting the charges is even realistic. Heres the brutal truth: 97% of federal criminal cases end in plea agreements. Only 3% go to trial. And of those that go to trial, the federal conviction rate exceeds 90%. Prosecutors dont bring cases there not confident they can win. If they indicted you, they beleive they got the evidence. Fighting might feel like the principaled thing to do, but if the evidance is strong—financial records, email trails, recorded phone calls—your just gonna loose at trial and get a harsher sentance then if you’d plead guilty early.

But cooperation aint automatic. Your attorney needs to negotiate the terms. What exactly are you agreeing to provide? Will you have to testify in open court, or just provide documents? Are they asking you to implicate family members? Your employer? Other immigrants who used the same service? These are questions that effect not just your legal exposure but your saftey, your reputation, and your relationships. Some cooperation agreements require you to plead guilty first, then hope the government files a 5K1.1 motion at sentencing. Other agreements are “proffer agreements” were you provide information without immediatly pleading guilty. An experianced federal defense attorney understands the diffrence and wont let you sign a cooperation agreement that screws you over.

How Do I Avoid Deportation If I’m Convicted?

Lets be blunt: a federal visa fraud conviction will trigger deportation proceedings. The question aint “Will I get deported?” Its “Is there any way to avoid it?” And the answer depends on weather your conviction qualifys as a aggravated felony under immigration law. This is were one day in prison makes the diffrence between staying in America and permanent exile.

Heres how it works. Immigration and Nationality Act Section 212(a)(6) makes you inadmissable if you’ve commited fraud or willful misrepresentation to obtain a immigration benefit. But thats not the same as a aggravated felony, which triggers automatic deportation with no waiver available. What makes a visa fraud conviction an aggravated felony? The length of the sentance. If your sentenced to 364 days or less, its not a aggravated felony—your deportable, but you might could apply for some forms of relief (like cancellation of removal). If your sentenced to 365 days or more (one year), its classified as a aggravated felony, and your getting deported. No exceptions. No waivers. No discretionary relief.

Think about that. One day. 364 days in prison means you have a chance. 365 days means its over. This is why your sentancing attorney needs to understand both federal criminal law and immigration law. Most federal judges dont automatically think about immigration consequences when imposing sentances. If your attorney dont explicitly ask the judge to sentence you to 364 days instead of 365, the judge might just pick a round number—12 months, which is 365 days, which is a aggravated felony, which is automatic deportation.

What is the penalty for falsifying immigration documents? According to 18 U.S.C. § 1546, the maximum penalty is up to 25 years in prison if the fraud was committed to facilitate drug trafficking or terrorism. For regular visa fraud (no terrorism or drug conections), the maximum is 10 years in federal prison. But most defendants dont get the maximum. The U.S. Sentencing Guidelines calculate sentances based on offense level, which depends on factors like the number of documents involved, weather money was exchanged, and weather you was the organizer or just a participant.

The financial penalties are seperate. Civil penalties for immigration document fraud range from $250 to $5,000 per fraudulent document. If you submitted 5 fake documents, thats up to $25,000 in fines. Criminal fines can be even higher—up to $250,000 for individuals under federal law. Plus restitution if anyone suffered financial losses because of your fraud. Plus the cost of your attorney. Plus the cost of your immigration attorney after your criminal case ends. The financial impact is catastrophic, but its nothing compared to loosing your immigration status.

And then theres denaturalization. If you became a U.S. citizen based on a fraudulent visa or green card, the government can revoke your citizenship. Denaturalization proceedings are initiated in 45% of citizenship fraud cases were the government discovers the underlying fraud happened years ago. You thought you was safe because you’d been a citizen for 10 years? Wrong. Theres no statute of limitations on citizenship fraud. They can strip your citizenship and deport you decades after you took the oath.

Does It Matter Where I’m Charged?

Yes. It matters alot. Federal criminal cases get prosecuted in the district were the offense occured, but immigration fraud cases are wierd because the “offense” can happen in multiple places—you submitted the visa application in one state, the fake documents was created in another state, and USCIS processed everything in a third state. That gives prosecutors some flexibility in choosing were to file charges. And were you get charged makes a massive diffrence in weather you go to prison.

Heres the data: Southern District of Florida (Miami) seeks prison time in 87% of visa fraud cases. There aggressive, there conviction rate is high, and judges in that district tend to impose custody sentances. Compare that to the Eastern District of New York (Brooklyn), were only 52% of defendants recieve custodial sentances. Same crime, different zip code, completely different outcomes. If you got ties to both jurisdictions—maybe you lived in Brooklyn but the visa fraud happened in Miami—a smart defense attorney might be able to argue for Brooklyn venue, which statistically gives you a better chance at probation.

This is called forum shopping, and its not ilegal—its strategic. Federal prosecutors do it all the time. They pick the venue most favorable to conviction. Defense attorneys try to do the reverse. If the evidence shows the offense could of occurred in multiple districts, your lawyer can file a motion to transfer venue to the more favorable district. Judges dont always grant these motions, but its worth trying, because the diffrence between Miami and Brooklyn could be the diffrence between 3 years in federal prison and probation.

Other districts with high immigration fraud prosecution rates include the Southern District of Texas (Houston), were H-1B visa fraud schemes are a major enforcement priority. Employers who sponsor foreign workers but dont actually employ them (“benching”) used to face civil penalties. But in 2025, the Department of Justice announced criminal prosecution for H-1B benching schemes. Thousands of H-1B holders who thought they was in compliance are now targets of federal investigations. If your case is in Houston, expect aggressive prosecution.

State sanctuary policies dont protect you from federal prosecution. California, New York, and other states have policies limiting local law enforcement cooperation with ICE. But visa fraud is a federal crime prosecuted by U.S. Attorneys, not state prosecutors. State sanctuary laws dont prevent federal agents from arresting you, dont prevent federal courts from convicting you, and dont prevent ICE from deporting you after you serve your federal sentance. However, state policies do effect post-conviction logistics—in sanctuary jurisdictions, local jails might not hold you for ICE after your release, giving you a small window to fight deportation.

What Mistakes Will Destroy My Case?

The single biggest mistake defendants make? Talking to there document vendors after HSI starts investigating. You think your calling them to ask what to do. There thinking, “This guy’s gonna flip on me, I need to cooperate first.” And guess what? They call there attorney, who immediatly contacts the U.S. Attorney’s Office and offers cooperation. Now your former notario is a government witness, and everything you said in those phone calls? HSI was listening. They got a wiretap approved weeks ago. You just incriminated yourself.

Second mistake: waiting to hire a lawyer untill after your indicted. Heres the timeline: Day 1-7, HSI contacts you. Week 2-4, they issue grand jury subpoenas for your financial records, employment documents, and communications. You got 14 days to comply. Most people hand over everything without a lawyer reviewing the subpoena scope. Big mistake. Defense attorneys know how to narrow subpoenas and protect priviliged information. By the time you get indicted (Month 2-3), the prosecution already has all the evidence they need because you gave it to them.

Third mistake: consenting to warrantless searches of your phone, computer, and cloud storage. HSI agents will ask, “Mind if we take a look at your phone?” Most people say yes because they think refusing looks guilty. Wrong. Refusing to consent to a search aint evidence of guilt—its exercising your Fourth Amendment rights. But once you consent, anything they find is admissible. And if you dont consent? They need a warrant, which requires probable cause, which they might not have yet. 18% of immigration fraud cases was dismissed in 2024 due to Fourth Amendment violations—illegal searches, invalid warrants, unlawful seizures. If your attorney can show HSI violated your rights, the evidence gets suppressed and the case falls apart.

Fourth mistake: missing the pretrial motion window. Month 4-12 after indictment is when defense attorneys file motions to dismiss, motions to suppress evidence, and motions to sever charges. Federal judges grant these motions in 31% of immigration fraud cases. But if you hire a lawyer after indictment, you’ve already missed the most critical window. Pretrial motions are were cases get won or lost. Suppressing the evidence from your phone because HSI didnt have a valid warrant? Thats a pretrial motion. Dismissing charges because the government cant prove intent? Pretrial motion. Getting charges severed so your not tried alongside the notario who ran the fraud scheme? Pretrial motion. Wait to long, and your lawyer cant file these motions.

Fifth mistake: lying to your own attorney. Your lawyer cant help you if you aint honest. Attorney-client privilege protects everything you tell them—they cant repeat it to anyone. But if you lie to your lawyer, they cant build a effective defense. They might argue you didnt know the documents was fake, and then the prosecution produces emails showing you knew. Now your attorney looks incompetent, and you look like a liar. Be honest. If you knew the documents was fraudulent, tell your lawyer. If you payed someone to create fake employment letters, tell your lawyer. They’ve heard worse. They cant defend you properly if there working with false information.

How Can My Charges Be Reduced?

Federal sentancing for immigration fraud depends on weather your classified as a organizer or a participant. Organizers face 41 to 51 months in prison under the U.S. Sentencing Guidelines. Participants face 8 to 14 months. Thats a 33-month diffrence—almost three years—based on how the government classifies your role. What makes you a organizer? If you recruited others into the fraud scheme, if you coordinated with document vendors, if you got paid to help other immigrants submit fraudulent applications. The evidence prosecutors use? WhatsApp messages showing you referrring people to notarios. Venmo payments showing you recieved money. Text messages were you explained how the fraud works.

If you just paid for fake documents for your own visa application, your a participant, not a organizer. And participants get way shorter sentances. Your attorney needs to argue—preferably in the sentancing memorandum, definately at the sentancing hearing—that you wasnt organizing anything. You was a customer. You hired someone you thought was legit. You didnt recruit nobody. You didnt profit from others using the same service. This argument can cut your sentance by more then half.

Another strategy: the petty offense exception. Under federal law, using a fraudulent document to obtain a benefit worth less then a certain amount can potentually be negotiated down to a petty offense, which eliminates mandatory minimums. If the visa application was for a job paying $40,000 a year, the economic benefit is relatively small. Compare that to a EB-5 investor visa fraud case involving $500,000—thats a serious felony with mandatory prison time. Smart defense attorneys negotiate down to petty offense status by emphasizing the minimal economic impact. It dont work in every case, but when it does, it means probation instead of prison.

Pretrial diversion is another option, but only in certain districts. The Western District of Washington has a pretrial diversion program for first-time immigration offenders. If you complete the program—usually 12 to 24 months of supervised release, community service, and restitution—the charges get dismissed. The Southern District of Texas does not have this program. If you got ties to multiple jurisdictions, your attorney might argue for venue transfer to access pretrial diversion.

What if your case involves a $250,000 threshold? Federal prosecutors prioritize cases involving financial fraud exceeding $250,000. Below that threshold, your more likely to face civil penalties rather then criminal prosecution. If your visa fraud case involves a smaller economic impact, your attorney can argue for civil resolution instead of criminal charges. This dont work after indictment—its a argument you make during the investigation phase, before charges are filed.

What’s Different About Immigration Fraud in 2025?

Everything. In early 2025, federal agencies deployed AI-powered document verification systems with 94% accuracy in detecting fraudulent immigration documents. Documents that would of passed inspection in 2023 now trigger automatic HSI investigations. The game has changed. Forgeries that worked 18 months ago are now instant red flags. USCIS uses machine learning algorithims to analyze visa applications, comparing signatures, fonts, employment histories, and financial data against massive databases. If your application contains documents that dont match known legitimate formats, the system flags it, and HSI starts investigating.

Marriage fraud enforcement has exploded. USCIS announced in January 2025 that 100% of marriage-based green card applications will recieve unannounced home visits within 90 days of filing. This is a massive increase from the previous 30% audit rate. Couples who fabricated there relationship are getting caught at unprecedented rates. The new interview protocol involves simultaneous, seperate interviews with both spouses. Officers ask 50+ questions about daily routines, bedroom arrangements, and intimate details. Inconsistent answers trigger fraud investigations. In 2024, 12,000 couples failed the consistency test. Most had legitimate marriages but couldnt remember minor details under pressure. If your marriage-based green card is pending, expect the home visit, expect the seperate interviews, and expect that any inconsistency will be investigated.

Post-COVID visa fraud prosecutions are surging. Thousands of people submitted fraudulent remote work documentation, fake employment letters during the pandemic, or manipulated financial records when consulates was closed. Federal prosecutors are now targeting COVID-era visa fraud schemes. The statute of limitations dont expire until 2030 for cases involving pandemic-related fraud. If you applied for a visa in 2020-2022 and the documents wasnt completely accurate, your still at risk of prosecution.

H-1B “benching” is now a crime. For years, H-1B employers engaged in benching—sponsoring workers but not paying them when no project was available. USCIS considered this civil fraud, and employers faced fines. In 2025, the DOJ announced criminal prosecution for benching schemes. Thousands of H-1B holders who thought they was in compliance are now targets of federal investigations. If your employer didnt pay you for periods when you wasnt assigned to a project, both you and your employer could face federal charges.

Student visa “pay to stay” programs are under federal scrutiny. ICE is auditing universitys that maintain SEVIS certification. Schools with high percentages of students who never attend classes are loosing certification. Students enrolled in “pay to stay” programs are now facing fraud charges—even if they didnt know the school was fraudulent. The governments position: you should of known. If you payed tuition to maintain your F-1 status but never actually attended classes, expect HSI to investigate.

What Should I Do Right Now?

If HSI has contacted you, if you recieved a grand jury subpoena, if your visa application is under investigation—dont wait. Every day you delay is a day the government is building there case. Call a federal criminal defense attorney who handles immigration fraud cases in your district. Not next week. Today. The phone call your making right now could determine weather you spend the next 7 years in federal prison or weather you can fight these charges and keep your freedom.

If you already talked to HSI, dont panic—but understand that anything you said will be used against you. Your attorney can still file motions to suppress statements if HSI violated your rights. If you consented to a search, your attorney can challenge weather the consent was truly voluntary. If you handed over documents, your attorney can argue the subpoena was overly broad. Its not over just because you made mistakes early on, but you need a lawyer whose handled these cases and knows how to fix the damage.

If your thinking about cooperation, dont do nothing until your attorney negotiates the terms in writing. Prosecutors make promises—”cooperate and we’ll go easy on you”—but promises aint enforceable. Cooperation agreements need to be in writing, signed by the U.S. Attorney, and reviewed by your defense attorney before you say a word. Dont become a government witness without understanding exactly what your agreeing to and what benefit your actually getting.

Your visa status, your freedom, your family—there all on the line. Federal prosecutors dont bluff. If there investigating you, there building a case. The decision you make right now, today, in this moment—