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How do they prove immigration fraud
|Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience handling federal immigration cases. We’re the firm that represented Anna Sorokin in the Netflix series “Inventing Anna,” handled the Ghislaine Maxwell juror misconduct case, and defended clients in situations others called unwinnable. If you’re worried about an immigration fraud investigation, you need to understand how federal prosecutors and USCIS actually prove these cases – because what they look for might surprise you.
They prove immigration fraud through documentation inconsistencies, interviews designed to catch lies, surprise site visits that expose fake marriages or businesses, and admissions people make when confronted by federal agents. In September 2025, USCIS conducted Operation Twin Shield in Minneapolis – the first large-scale targeted fraud surge in one city. They investigated over 1,000 cases, conducted more than 900 site visits and interviews, and found suspected fraud in 44% of the cases they looked at. That’s not a small number. Federal investigators knew what to look for, and they found it.
They Show Up Unannounced
Site visits are the most effective tool immigration investigators use in 2025. USCIS officers show up at your home, your spouse’s home, your employer’s business – without warning. They’re looking for evidence you don’t live together if you claimed marriage. They’re checking if the business address on your H-1B petition is actually a functioning office or a mail drop. During Operation Twin Shield, one petitioner admitted during an interview that their marriage was fraudulent. Just like that. The person swore under oath the marriage was real, then admitted otherwise when an officer asked direct questions during a site visit.
They also conduct what they call “neighborhood investigations” now. USCIS resumed these in 2025 after waiving them since 1991. Officers knock on neighbors’ doors and ask about you. Do they see you and your spouse together? Does anyone actually work at that business address? Your neighbors might not know they’re participating in a federal investigation – but their answers become evidence.
Fabricated Documents Fall Apart Under Scrutiny
Document fraud is easier to prove than most people think. In one case uncovered during Operation Twin Shield, an alien admitted to purchasing a fabricated death certificate from Kenya for $100 to falsely claim the termination of a marriage. That’s the kind of thing federal investigators find – fake death certificates, forged employment letters, altered tax returns, false health attestations.
The government has forensic document examiners who analyze paper stock, ink, printing methods, official seals. They compare your submitted documents against databases of known authentic documents from foreign governments. Under 18 U.S.C. § 1546, knowingly making false statements in immigration applications can result in up to 25 years imprisonment for terrorism-related offenses, 20 years for drug trafficking offenses, or 10 years for standard fraud. Fraudulently obtaining citizenship is punishable by up to 10 years in prison – and automatic citizenship revocation upon conviction.
They also track the paper trail behind documents. If you paid someone to create fake employment verification letters, those financial transactions exist. Wire transfers, Venmo payments, cash withdrawals that match the timing of document preparation – prosecutors use these to show conspiracy. USCIS assisted in one investigation that dismantled a nationwide marriage fraud operation in April 2025, arresting 10 individuals. Investigators found that U.S. citizen petitioners admitted to receiving financial compensation for participating in the fraud scheme.
Interviews Are Interrogations
USCIS and ICE officers conduct interviews that are really interrogations. They separate married couples and ask the same questions – what side of the bed does your spouse sleep on, what did you eat for breakfast this morning, what’s in your spouse’s nightstand drawer. Inconsistent answers prove the marriage is fake. If you can’t answer basic questions about someone you claim to live with and love, that’s evidence of fraud.
Employment-based visa interviews work the same way. Officers ask technical questions about your job duties. If you’re supposedly a software engineer but can’t explain what programming languages you use or what projects you’ve worked on, that’s a red flag. They ask about your manager’s name, your office location, your work schedule. They ask your employer the same questions separately – and if the stories don’t match, they’ve got evidence of fraud.
People break during these interviews. The pressure of sitting across from a federal officer, the fear of criminal prosecution, the reality that lying to a federal agent is itself a crime – it causes people to confess. Those admissions become the strongest evidence prosecutors have. You admitted it – there’s no defense to that.
Digital Footprints Expose Lies
In August 2025, USCIS updated its guidance to review social media for “anti-American ideologies or activities” when deciding immigration benefits. But they’re also looking at social media to detect fraud. If your Facebook relationship status says “Single” but you filed a marriage-based green card petition, that’s evidence. If you’re posting photos from India while your H-1B says you’re working in California, that’s evidence.
Financial records tell the story too. Joint bank accounts that show no activity, separate addresses on credit cards, utility bills in only one spouse’s name – these details prove you’re not actually living together. For employment fraud, investigators look at payroll records, tax filings, business bank accounts. If your employer claims to pay you $90,000 annually but their business account shows total revenues of $30,000, the math doesn’t work. That’s fraud.
What You Need to Know Right Now
USCIS doesn’t investigate alone – they coordinate with ICE, FBI, and DOJ. If one agency investigates you, they all share information. Your USCIS application gets flagged, ICE opens a removal case, FBI investigates criminal charges, and DOJ prosecutes. USCIS even announced in 2025 that it would add its own law enforcement officers who can carry firearms and make arrests.
If you’re under investigation for immigration fraud – or worried you might be – everything you say and do from this point forward matters. Don’t talk to investigators without a lawyer present. Don’t try to “fix” documents or stories – that’s additional fraud and obstruction. Don’t assume they won’t find out – Operation Twin Shield’s 44% fraud detection rate shows they’re very good at finding what they’re looking for.
At Spodek Law Group, we’ve represented clients in high-stakes federal cases where the evidence seemed overwhelming. Todd Spodek is a second-generation criminal defense lawyer who has handled hundreds of complex cases – many that other attorneys said were unwinnable. Our team includes former federal prosecutors who understand exactly how the government builds these cases, because they used to build them. We know what evidence prosecutors consider strong, what defenses actually work, and how to negotiate outcomes even when the situation looks bad.
Immigration fraud investigations don’t go away on their own. They escalate. If you’re facing questions about the legitimacy of your marriage, your employment, your visa application – get experienced legal representation immediately. The difference between a denial, a criminal conviction, and a successful defense often comes down to how you respond in the first days of an investigation. We’re available 24/7 to help you understand your options and protect your future.