Can you go to prison for green card fraud

| by Max Soni

Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek – who has over 40 years of combined experience handling federal criminal defense cases. You probably know us from the Netflix series about Anna Delvey, or the Ghislaine Maxwell juror misconduct case. We’ve handled cases that others said were unwinnable, and we understand the stakes when you’re facing federal charges.

If you’re reading this, someone’s probably told you that green card fraud isn’t a big deal – or maybe you’re terrified because you already got a letter from USCIS or ICE. Either way, you need to know the truth about what happens when the federal government decides you lied to get a green card.

You Can Absolutely Go to Prison

Green card fraud is a federal crime, not an immigration violation. The difference matters – immigration violations get you deported, federal crimes put you in prison before they deport you.

Marriage fraud under 8 U.S.C. § 1325(c) carries up to five years in federal prison and fines up to $250,000. That’s if prosecutors charge you under the immigration statute. If they use 18 U.S.C. § 1546 – fraud and misuse of visas and immigration documents – you’re looking at 10 years for basic fraud, 15 years for third offenses, 20 years if drug trafficking is involved, and 25 years if they tie it to terrorism.

Those aren’t theoretical maximums. Federal prosecutors in 2025 are actually using them. In September 2024, Omoyoma Christopher Okoro got hit with naturalization fraud charges on top of his 100-month sentence for an $22 million fraud scheme. Robert Davis got six months in October 2024 and lost his citizenship. Dorian Velasquez – a convicted child molester who fraudulently obtained citizenship – got nine months in November 2024, was denaturalized, and handed over to ICE for removal.

The Trump administration isn’t playing around with immigration fraud. DHS expanded enforcement directives in January 2025, and the DOJ ordered federal prosecutors to dedicate “significant time and attention” to immigration prosecutions. They’re not looking the other way anymore.

What Counts as Green Card Fraud

Marriage fraud is the obvious one – you marry someone just to get immigration benefits, you both know it’s fake, and you file the paperwork anyway. USCIS now requires mandatory in-person interviews for every marriage-based green card application as of August 2025. Any denied case goes straight to ICE automatically. They’re not giving you a second chance to withdraw your application quietly.

But marriage fraud isn’t the only way to end up in federal court. Document fraud covers forged employment letters, fake pay stubs, altered passports, counterfeit birth certificates – anything false you submit to USCIS. Making false statements on your application counts too, even if you didn’t forge a document. You lied about your criminal history? That’s fraud. You claimed to work somewhere you never worked? Fraud. You said you were single when you had a spouse in your home country? Also fraud.

The Second Circuit ruled in February 2025 that possessing authentic immigration documents obtained through fraud violates 18 U.S.C. § 1546(a). You don’t even need a fake document – if you got a real green card by lying, possessing it is a crime.

Commercial enterprise fraud under 8 U.S.C. § 1325(d) applies when you create a fake business just to qualify for an investment visa or employment-based green card. Five years in prison for that one too.

USCIS Is Hunting for Fraud in 2025

Operation Twin Shield ran from September 19-28, 2024 in the Minneapolis-St. Paul area. Immigration officers found suspected fraud in 275 cases during that single operation. In April 2025, USCIS and ICE arrested 10 people and indicted four more in a nationwide marriage fraud ring where operators charged thousands of dollars to arrange sham weddings.

USCIS isn’t just denying applications anymore – they’re referring cases to ICE for criminal prosecution, they’re working with HSI investigators to build fraud cases, and they’ve authorized their own special agents to carry firearms and make arrests as of 2025. The agency that used to just process paperwork now has armed criminal investigators.

If you’re in a legitimate marriage but USCIS suspects fraud, you’re going to face interrogation-style interviews where they separate you and your spouse and ask detailed questions about your daily life. What side of the bed does your spouse sleep on, what did you eat for breakfast last Tuesday, what brand of toothpaste is in your bathroom, who takes out the trash. They compare your answers looking for inconsistencies. One wrong answer – even an honest mistake – can trigger a fraud investigation.

Carlos Adolfo Haeckermann Cardenas pleaded guilty to submitting dozens of fraudulent asylum applications. His sentencing hearing is set for November 2025, and he’s facing 10 years on each count plus $250,000 in fines. Four California operators who ran a large-scale marriage fraud agency got sentenced in March 2024 for arranging hundreds of sham marriages and submitting over 600 fraudulent green card applications.

What Actually Happens When You Get Caught

Most people don’t find out they’re under investigation until agents show up at their door with a search warrant, or until they get arrested. By that point, the government’s already built most of its case – they’ve interviewed witnesses, subpoenaed records, reviewed your social media, talked to your neighbors and coworkers.

Some people get a Notice to Appear in immigration court first. USCIS denies the green card application and refers you to removal proceedings. You think you’re just fighting deportation, but then you get a target letter from the U.S. Attorney’s Office saying they’re considering criminal charges. Now you’ve got two cases – immigration and criminal – and anything you say in one can be used against you in the other.

Here’s what happens if you’re convicted: You go to federal prison first – anywhere from a few months to several years depending on the charges and your criminal history. After you serve your sentence, ICE takes custody and puts you in immigration detention while they process your removal. Then they deport you with a permanent bar on reentry. You can’t come back, you can’t get a visa, you can’t even visit.

If you had a green card that you obtained fraudulently and later naturalized, they can denaturalize you even decades later. You lose your citizenship, you become deportable, and you face criminal prosecution for naturalization fraud on top of the original green card fraud.

Aakash Prakash Makwana, an Indian national, pleaded guilty in May 2025 to marriage fraud after overstaying a J-1 visa and fabricating cohabitation documents. He’s facing prison time, fines, and removal. That’s a typical case – not some massive fraud ring, just one person who thought he could get away with a fake marriage.

What You Should Do Right Now

If you’re already under investigation or if USCIS has scheduled a fraud interview, don’t talk to anyone without a lawyer. Not USCIS, not ICE, not the FBI. Anything you say will be used to build a criminal case against you. People think they can explain their way out of trouble – you can’t. You’ll make it worse.

If you haven’t filed anything yet but you’re thinking about committing fraud – don’t. I know that sounds obvious, but people convince themselves it’s not really fraud or that everyone does it. Everyone doesn’t do it, and the ones who do are risking federal prison. It’s not worth it.

If you already filed a fraudulent application and you’re panicking, you might have options. Withdrawal before adjudication sometimes works, but you need a lawyer to do it right. You can’t just send USCIS a letter saying “never mind.” They’ll want to know why you’re withdrawing, and the wrong answer triggers an investigation.

Some people are in marriages that started as fraud but became real. That’s a complicated situation – federal prosecutors don’t care that you fell in love later, but an experienced attorney can sometimes present evidence that the relationship is genuine now and negotiate a resolution that avoids prison time.

At Spodek Law Group – we’ve handled federal criminal cases involving fraud, false statements, and immigration charges for many, many years. Todd Spodek is a second-generation criminal defense lawyer with experience defending clients against federal prosecutors who have unlimited resources and who don’t offer deals unless they think they might lose at trial.

We’ve represented clients in cases that made national headlines, handled matters that other attorneys wouldn’t touch, and we understand how federal immigration fraud prosecutions work. The government wants you to plead guilty quickly and accept whatever sentence they offer – our job is to examine every piece of evidence, challenge their case, and fight for the best possible outcome whether that’s dismissal, acquittal, or a reduced sentence.

This isn’t a situation where you wait and see what happens. Once the government has decided to prosecute you, waiting just gives them more time to strengthen their case. Get a lawyer immediately, don’t make any statements, and don’t assume that because you haven’t been arrested yet that you’re not in serious trouble.

Green card fraud charges can destroy your life – prison time, deportation, permanent separation from family in the United States, and a federal conviction that follows you forever. But even if you made a mistake, even if the government has strong evidence, you still have rights and you still have options. We can help you understand what you’re facing and what we can do about it.