Last Updated on: 28th July 2023, 07:19 pm

Defending Against Immigration Fraud Allegations in New York

Immigration fraud allegations can derail applications for legal status and lead to severe penalties like deportation or criminal prosecution. Whether accused of marriage fraud, asylum fraud, visa fraud or other offenses, prompt legal intervention is imperative. At Spodek Law Group, our seasoned NYC immigration fraud lawyers have successfully defended clients against fraudulent misrepresentation charges in immigration proceedings. We also represent clients facing criminal prosecution for immigration fraud before federal judges and prosecutors.

No matter the context of fraud accusations by U.S. Citizenship and Immigration Services, ICE agents or federal prosecutors, we build the most strategic defense to defeat allegations. Read on to learn more about common immigration fraud claims and how we protect client rights.

Marriage Fraud Defense

One of the most frequent immigration fraud claims involves accusations that a marriage was entered to secure immigration benefits rather than out of love and commitment. Our attorneys assist both foreign national spouses and U.S. citizen petitioners accused of “green card marriages.”

Even with a legitimate marriage, suspicion may arise if:

• Spouses reside separately
• Cultural or language barriers exist
• The relationship progressed quickly
• Couple does not have extensive joint holdings

We help clients compile convincing documentation, affidavits, photos, correspondence, and testimony proving shared life events and romantic history. Our lawyers prepare petitioners and foreign national spouses for immigration interviews and help couples demonstrate intimacy despite cultural differences.

In contested proceedings, we fight tenaciously against immigration fraud claims to preserve family unity.

Asylum Application Fraud

Refugees seeking asylum status often face accusations of embellishing or fabricating claims of persecution in home countries. Small inconsistencies or omissions in narratives can derail asylum petitions and lead to fraud allegations. Our attorneys remedy evidentiary gaps and marshal corroborating evidence to buttress asylum claims. We also endeavor to exclude unreliable government information attacking credibility.

For clients accused of completely falsifying asylum narratives, we negotiate dismissals of fraudulent asylum applications. This allows clients to voluntarily depart the U.S. without facing severe immigration penalties or criminal prosecution.

Visa and Document Fraud

Foreign nationals accused of visa fraud typically face allegations they intentionally lied on various immigration forms and petitions. Our lawyers scrutinize the evidence to expose factual disputes or mitigating circumstances. In many cases, we compel favorable outcomes by demonstrating:

• Misstatements were unintentional
• Materiality is debatable
• Errors resulted from language barriers or ineffective assistance of prior counsel

Where sufficient evidence exists of purposeful document fraud, our priority becomes avoiding immigration detention and criminal prosecution. We attempt to craft reasonable resolutions such as voluntary departure and future eligibility for legal immigration channels.

Criminal Charges for Immigration Fraud

Deliberate and provable immigration fraud may prompt federal prosecutors to pursue felony charges. Possible criminal counts include:

• Visa fraud
• Making false statements
• Perjury
• Identity theft
• Harboring illegal aliens

Our defense lawyers have defeated such allegations at trial using meticulous investigative work, persuasive advocacy, and aggressive cross-examination of state witnesses. We also negotiate reduced charges, deferred prosecutions, and non-removal resolutions with prosecutors and immigration officials. Avoiding deportation remains the top priority in any criminal immigration fraud case.

Trusted Immigration Fraud Defense in NYC

If you are under investigation for immigration fraud or face criminal charges, contact our NYC immigration fraud defense team immediately. Spodek Law Group provides seasoned advocacy to defeat allegations at every stage of immigration inquiries, removal proceedings, and federal criminal prosecutions. Call today at 212-300-5196 for urgent legal help.