If you’re being accused of engaging in a fake marriage as a means of getting a green card, then you need expert legal representation. Sham marriages are one that done in order to get around USA immigration laws. For a marriage to be valid under the law, it’s not enough that you have a marriage ceremony. You have to have intent to live in a marital relationship together, and to establish a life together. If you don’t intend on establishing a live together, then marriage is a sham – and you will be criminally prosecuted.
The USCIS focuses on detecting fraud marriages. The USCIS offers believe that 30% of marriages are fraud. To detect fraud, immigration officers will look at documents, and conduct investigations to make sure the marriage is real. The US government has the power to follow a couple around, and investigate their life as much as they want to. they can visit your home, talk to your friends, or interview your employers, etc. They have a duty to understand if the marriage is a sham or not.
Normal marriage means a married couple have a lot in common. They have a common language and religion. They live together, and do things together – like vacation, celebrate important events, join clubs, and have children, etc. Typical couples also combine their money, and aspects of their lives. They share bank and credit cards, and share ownership of the property. They meet each other’s families, etc.
The US immigration office expects applicants to prove they share lives. Applicants will have to provide examples of them coming together in a real marriage. The government will also talk to you, and your spouse.
Marriage fraud can take several forms. The immigrant typically pays the citizen to marry, and gives money for the marriage. There are mail-order marriages, where the two people have no preexisting relationship and know the marriage is a fraud. The Immigration and Nationality Act § 275(c); 8 U.S. Code § 1325(c)) says that people who engage in a sham marriage can face prison, or a financial fine, or both. They can go to prison for up to 5 years, and be fined up to $250,000
If you’re charged with marriage fraud, you can also be charged with visa fraud, conspiracy, making false statements, harboring an alien, which all results in additional prison and financial sentences.
If you’re facing criminal charges, contact our criminal attorneys today. Our NYC immigration fraud lawyers can help
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