Looking to Rejoin Your Fiancé? Call A Family Immigration Attorney

The rate of marriage-based green cards has decreased significantly over the past two years. Immigration law is in favor of admitting newlyweds and encouraging fiancés to reunite with their significant other in the U.S. Of the 1 million new permanent residents who were accepted in 2019, a small percentage of 29% were granted based on marriage.

When it comes to newlyweds or soon-to-be-married couples, the immigration process can feel turbulent. Without assistance from an experienced green card attorney the journey toward immigration is a complicated one. In dire cases, couples consider taking matters into their own hands. Without unfamiliarity of U.S. laws, it can put anyone at risk of misconduct or criminal activity.

This article addresses the consequences of marriage fraud and why you should avoid taking the risk.

What is Marriage Fraud?

Every now and again we hear of sham weddings or individuals marrying just for a visa. This is considered marriage fraud. While everyone is entitled to make their own decisions, an immigration lawyer strongly advises against this.

People have a sham wedding to bypass immigration laws in hopes of obtaining a green card or permanent residency faster.

Simply having a marriage certificate or an elaborate wedding ceremony is not enough for the U.S. Citizenship and Immigration Services (USCIS) to grant the green card. Part of the process is demonstrating that you have established a life together after the wedding. The biggest red flag is couples who might part ways after a few months or a year later. It could land them in jail or result in deportation.

In the United States, it is also considered fraudulent if the marriage is not valid. Suppose you went through a divorce, and it hadn’t been finalized. If you marry someone else, the new union would be considered invalid. That could result in green card denial and longer processing delays.

How Does the INA Review Fraudulent Marriages?

The Immigration and Nationality Act (INA) was established in 1952 to prevent an influx of marriage fraud. INA makes it impossible for the USCIS to approve immigrant visa petitions if the applicant attempted, planned, or entered a fake marriage. The legislation also forces the USCIS to deny all subsequent visa petitions moving forward, regardless of why someone engaged in this tactic. A few examples of such deception include:

• An admission that the marriage was a sham
• Receipt of payment to enter marriage
• Proof that the marriage was not completed
• The couple never intended or physically lived together
• No interaction with family or friends with the title of husband and wife

The Consequences

Getting caught for fraudulent marriage carries significant weight in immigration cases. In cases where you may need asylum or help through DACA, the consequences are enough to hurt your chance. Convicted persons can face up to five years in jail, with a fine of over $250,000. Don’t hurt your chances of becoming a citizen. Give an immigration attorney a call instead.

About Grey Law Immigration

At Grey Immigration, the values of integrity, honesty, commitment, and results are at the foundation of our firm.

David Grey provides experienced representation to safeguard your rights through the immigration process. Whether it is advice, assistance with visa applications, or resolving an issue that is stalling your citizenship, we are here to help. At Grey Law, we strive to help clients through complex processes for positive results. Our Los Angeles immigration lawyers are well-versed in more than several practice areas:

• Family-Based Immigration
• Employment-Based Immigration
• Naturalization and Citizenship
• Permanent Residency and Green Card
• Deportation and Removal
• Immigrational Appeals
• Non-Immigrant Visas
• Criminal Victim Visa

In the past year, COVID-19 has drastically impacted citizenship in the U.S. We have been able to adjust and act accordingly based on new restrictions and regulations. Our firm optimizes individual skills to produce superior results for all clients. For a free case review, give us a call at 323-622-1764 or email info@greylaw.com.