USCIS Targets Marriage Fraud in Immigration System
The U.S. Citizenship and Immigration Services (USCIS) has intensified its efforts against illegal immigration by focusing on fraudulent marriages. The agency has declared that marriages entered into solely for the purpose of securing immigration benefits undermine the integrity of the immigration system. USCIS has urged the public to report instances of marriage fraud, emphasizing that such actions are criminal offenses that could lead to arrest, deportation, and significant financial penalties. Those found guilty of engaging in marriage fraud may face several years of imprisonment.
Understanding Marriage Fraud
Marriage fraud occurs when a foreign national and a U.S. citizen enter into a marriage not for love or companionship, but rather as a tactic for the foreign national to gain legal residency in the United States. The primary aim of individuals engaging in this type of fraud is to obtain lawful permanent residency, with the end goal of achieving U.S. citizenship. By marrying a U.S. citizen, foreign nationals can bypass the lengthy visa process, and after a two-year conditional period, they can enjoy full residency privileges. This status, known as a green card, grants individuals the freedom to travel within the U.S., work legally, and access various financial services. However, acquiring citizenship through fraudulent means poses risks, as it can enable individuals with malicious intent to exploit the system.
Methods of Conducting Marriage Fraud
In many instances, a foreign national may deceive a U.S. citizen into marriage by claiming to be genuinely in love. In some cases, the U.S. citizen may be complicit in the scheme, receiving compensation in exchange for participating in the fraud. Often, these arrangements are short-lived, with plans for divorce made in advance. More overtly, some individuals act as facilitators, charging a fee to connect U.S. citizens with foreign nationals seeking to enter into fraudulent marriages. These facilitators may also assist in completing necessary paperwork and preparing the participants for interviews with USCIS officials.
Recent Federal Sentencing for Marriage Fraud
On March 16, a federal court in Boston sentenced four individuals from California involved in orchestrating a significant marriage fraud scheme. This operation facilitated hundreds of sham marriages intended to evade immigration regulations. Notably, the defendants falsely claimed that undocumented clients had been victims of abuse by American spouses to secure green cards under the Violence Against Women Act. The investigation was a collaborative effort involving Homeland Security Investigations (HSI), the FBI, and USCIS. The defendants, all from the Philippines and residing in Los Angeles, were arrested in April 2022 for conspiracy to commit marriage fraud and immigration document fraud, alongside seven others.
Legitimate Pathways for Marriage-Based Immigration
For those in genuine relationships, there are legal pathways to bring foreign partners to the United States. U.S. citizens wishing to marry a foreign fiancé must initiate the process by filing Form I-129F, known as the Petition for Alien Fiancé. This form is essential for obtaining a K-1 nonimmigrant visa, commonly referred to as a fiancé visa, allowing the foreign partner to enter the U.S. for marriage.
