Defending Non-Citizens Against Marriage Fraud Charges in California Federal Court
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Defending Non-Citizens Against Marriage Fraud Charges in California Federal Court
Marriage fraud is a serious issue that can have major consequences for non-citizens in the U.S. immigration system. This article will discuss how marriage fraud charges are investigated and prosecuted in California federal courts, as well as potential defenses that attorneys can use to protect their non-citizen clients.
What is Marriage Fraud?
Marriage fraud refers to entering into a sham marriage solely to obtain immigration benefits. This includes situations where a U.S. citizen marries a non-citizen only to help them get a green card, or where both parties enter into a fraudulent marriage to evade immigration laws. The government views these marriages as a way to exploit the immigration system [1].
Marriage fraud can lead to criminal charges for both parties involved. The penalties are severe – up to 5 years in prison and a $250,000 fine for U.S. citizens, and deportation for non-citizens [2]. That’s why it’s critical for non-citizens to have strong legal representation if they are accused of marriage fraud.
How Are Marriage Fraud Charges Investigated?
There are a few ways that federal agencies like U.S. Citizenship and Immigration Services (USCIS) investigate potential marriage fraud:
- Reviewing documentation from marriage-based green card applications for any red flags
- Conducting site visits to the couple’s claimed residence
- Interviewing both spouses separately to look for inconsistencies in their answers
- Following up with neighbors, friends, and family to verify details about the relationship
- Subpoenaing financial records to determine if evidence supports a legitimate marriage
Investigators look for signs like the couple not actually living together, not combining finances, or not being able to provide details about each other’s lives. Even small inconsistencies could lead to marriage fraud accusations.
What Are Some Common Defenses Against Marriage Fraud Charges?
If your non-citizen client is facing allegations of marriage fraud, there are several legal defenses that could potentially get the charges dismissed or reduced. Here are some examples:
Lack of Evidence
In some cases, the government may not have enough concrete evidence to prove your client knowingly entered into a fraudulent marriage. If their documentation and testimony seems consistent, you can argue there is reasonable doubt about intent to commit marriage fraud.
Cultural Differences
Behaviors that may seem suspicious to investigators could have innocent cultural explanations. For instance, some couples keep finances separate or rarely show public affection due to their cultural norms. Your attorney can contextulize your relationship to show it is genuine, just culturally different.
Invalid Investigation
If USCIS didn’t follow proper protocol during the investigation, the results could get thrown out. For example, if they denied your client right to counsel during questioning. Challenging flaws in their process could weaken their case.
Abuse/Coercion
In some situations, the non-citizen may have unknowingly been coerced into a sham marriage by an abusive U.S. citizen spouse. Domestic violence resources could support a coercion defense against marriage fraud charges.
An experienced immigration attorney can help build the strongest defense by gathering evidence about your relationship history, cultural practices, any abuse/coercion, and flaws in the investigation. They can also negotiate with prosecutors for reduced charges or sentencing recommendations.
How Can Non-Citizens Avoid Marriage Fraud Charges?
The best way for non-citizens to avoid marriage fraud accusations is to only enter into marriages for genuine reasons of love and companionship, not just for a green card. But some simple tips include:
- Consult an immigration attorney before applying for any marriage-based benefits
- Be consistent during interviews with immigration officials
- Maintain joint documentation showing co-mingled finances and shared residence
- Tell friends and family the marriage is legitimate
- Spend time cultivating your marital relationship
Being proactive and transparent can help demonstrate your marriage is real. Immediately contact an attorney if you do become the target of a marriage fraud investigation.
Fighting marriage fraud charges in federal court is complex, but an experienced legal advocate can protect your rights. Work with a lawyer to build the strongest possible defense against allegations of immigration marriage fraud.
References
[1] Eleven Charged with Arranging Sham Marriages and Submitting Fraudulent “Green Cards”
[2] Operator of Large-Scale Marriage Fraud “Agency” Pleads Guilty
[3] Understanding Marriage Fraud: Immigration Law Crime
[4] Federal Immigration Crimes Defense Attorney
[5] Five Things to Know about Fraud and Marriage-Based Petitions