Federal Marriage Fraud Defense Attorney

What is 8 U.S. Code § 1325(c) Marriage Fraud?

In the U.S., immigration law is strictly enforced, and immigration fraud is frequently met with harsh penalties. A common way individuals try to bypass immigration regulations is through fake or sham marriages.

It's a federal crime to knowingly enter into a marriage for the purpose of evading any provision of the U.S. immigration laws.

Immigration officials think many marriages to non-U.S. citizens are suspicious and closely examine the details of these marriages.

Thus, a legal issue occurs when individuals inform the Immigration and Naturalization Service (INS) that they are married, even though they believe they are "technically' truthful because they have fulfilled all state marriage requirements.

Marriage fraud is frequently prosecuted under 8 U.S.C. 1325 and 18 U.S.C. 1546(a). The Immigration Marriage Fraud Amendments Act of 1986 updated 1325 by introducing section 1325(c), which carries a penalty of 5 years in federal prison upon conviction.

Suppose officials suspect that you have engaged in a false marriage or other types of immigration fraud. In that case, you may face federal charges punishable by hefty fines, imprisonment, deportation, and additional penalties.

What Does Section 1325(c) Say?

18 U.S.C. 1325(c) marriage fraud law says, "Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than five years, or fined not more than $250,000, or both."

Under 8 U.S.C. 1151(b), "immediate relatives" of U.S. citizens—such as spouses—who qualify for immigrant admission must be admitted regardless of usual restrictions.

Generally, a U.S. citizen marries a foreign national in cases of marriage fraud. They fulfill all state legal requirements, including medical exams, license issuance, and a ceremony.

However, U.S. citizens are often paid to marry aliens solely to grant them permanent resident status in the United States.

In such cases, they have no intention of living together as a married couple.

What Exactly is a False Marriage?

A false marriage, also called a sham or fraudulent marriage, is entered into mainly to evade immigration laws, often to get a green card without following standard procedures.

Immigration authorities rely on multiple signs, such as a lack of shared residence or inconsistent stories, to identify potential false marriages, making awareness of these indicators crucial during investigations. The signs of a fake marriage include:

Lack of Shared Residence: Couples in a true marriage generally reside together. If they don't share a home, it might trigger suspicion.
Joint Financial Assets: Married couples typically manage their finances together, sharing responsibilities and assets. The absence of joint bank accounts, shared property, or other financial connections might indicate a concern.
Age Differences: Although age differences alone do not prove a marriage is false, a large age gap—particularly when paired with other suspicious signs—can raise suspicion.
Differing Cultural Backgrounds: Although many authentic couples originate from diverse cultural or religious backgrounds, immigration authorities may examine these marriages more carefully.
Time Between Meeting and Marriage: A quick marriage after a short courtship might attract attention, especially if it happens soon after one person receives a deportation order.
Inconsistent Stories: During interviews, immigration officials seek inconsistencies in the couple's accounts of their relationship, courtship, and daily routines.

Keep in mind, these factors do not definitively prove a fraudulent marriage. They are simply signals that immigration authorities might examine during their investigation. It's essential to seek advice from a legal expert if you are part of such an inquiry.

What Statutes are Related?

8 U.S. Code Part VIII general penalty provisions list several statutes that are related to 18 U.S.C. 1325(c), including:

8 U.S.C. 1321 - Prevention of unauthorized landing of aliens
8 U.S.C. 1322 - Bringing in aliens subject to denial of admission on a health-related ground; persons liable; clearance papers; exceptions; "person" defined
8 U.S.C. 1323 - Unlawful bringing of aliens into the United States
8 U.S.C. 1324 - Bringing in and harboring certain aliens
8 U.S.C. 1324a - Unlawful employment of aliens
8 U.S.C. 1324b - Unfair immigration-related employment practices
8 U.S.C. 1324c - Penalties for document fraud
8 U.S.C. 1324d - Civil penalties for failure to depart
8 U.S.C. 1325 - Improper entry by the alien
8 U.S.C. 1326 - Reentry of removed aliens
8 U.S.C. 1327 - Aiding or assisting certain aliens to enter
8 U.S.C. 1328 - Importation of alien for immoral purpose
8 U.S.C. 1329 - Jurisdiction of district court,
8 U.S.C. 1330 - Collection of penalties and expenses.

Other Forms of Immigration Fraud

Immigration fraud involves more than just false marriages; it encompasses various deceptive practices that compromise the integrity of U.S. immigration laws. These can include:

Visa Fraud: This happens when individuals submit false information or hide key facts to secure a non-immigrant or immigrant visa. Examples include falsifying relationships or employment details.
Passport Fraud: Involves the misuse, alteration, or forgery of U.S. passports, which is a serious offense because it can enable other crimes such as identity theft or terrorism.
Benefit Fraud: Indicates providing false statements or concealing information to obtain immigration benefits, including asylum, citizenship, or work permits.
Employment Fraud: Relates to the unauthorized employment of non-citizens or employers who knowingly hire non-citizens without proper work authorization.
Document Fraud: Involves creating or using fake documents, such as birth certificates or Social Security cards, for immigration purposes.

Legal Implications of Fake Marriage Fraud

Engaging in false marriage or other types of immigration fraud can result in serious legal and personal repercussions if convicted. Possible consequences include:

Criminal Penalties: Individuals may face hefty fines and jail time if convicted. For example, a false marriage can result in up to five years in prison and hefty fines.
Deportation: Having a conviction often leads to deportation and a re-entry ban into the United States. This can be especially upsetting for individuals with family connections or extended residence in the U.S.
Impact on Future Immigration: A fraud conviction can cause lasting damage to an individual's immigration record, making future immigration efforts more difficult or potentially impossible, even if they are legitimate reasons.

What are the Potential Defense Strategies?

Being accused of false marriage or immigration fraud can be intimidating, but an experienced federal criminal defense lawyer can deploy various strategies to challenge these claims. These might include:

Validating the Marriage: When immigrants marry citizens, thoroughly documenting everything is the best way to counter suspicions of a false marriage. Providing key documents like a marriage certificate, rental agreements, joint bank statements, and other proof can significantly help reduce doubts.
Witness Testimony: Credible witnesses often play a vital role in establishing the authenticity of a relationship. These witnesses might be friends, family members, or colleagues who can verify the genuineness of the relationship.
Investigation Errors: Sometimes, mistakes or misunderstandings during the investigation can result in wrongful accusations. An experienced attorney can carefully examine the case to spot possible errors that might have caused the charges.
Cultural Differences: Miscommunications caused by cultural differences or language barriers frequently result in misunderstandings. It's important to emphasize these factors, as they can significantly influence how a marriage's legitimacy is perceived.
Mitigating Circumstances: Circumstances such as coercion, misinformation from legal advisors, or other extenuating factors can be shown to lessen the seriousness of the offense.

If you require additional information, please contact our law firm. Eisner Gorin LLP has offices located in Los Angeles, California.

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