Tuesday, January 19, 2010

What penalties are there for fraudulent marriage. Who do you report it to?

My wife's sister is marrying a man so that he can become a U.S. citizen. The arrangement is that she will use his health insurance during the 3 year waiting period and she will help him become a full citizen. He is from Venezuela and is here on a temporary work visa. She is naive, and thinks it will be easy to get him citizen status. Although they are going to move intogether, they are not in love or know much about each other. She is hiding the marriage from everyone in her family except for my wife. I am worried because it seems she has gotten in over her head. What obstacles are she facing? Is there anything I can do, such as reportit to authorities? Can I get in trouble for not reporting it? Who do I report it to? WWW.UCIS.gov does not have information for this type of issue.What penalties are there for fraudulent marriage. Who do you report it to?
It is illegal for anyone to get married solely for the purpose of getting, or helping someone to get, permanent residence in the United States. There are stiff fines and possible jail terms for people who are convicted of this crime. But we would be foolish not to address the fact that many people attempt to fake a marriage to obtain a green card.The law pretty much speaks for itself on what happens to immigrants who commit marriage fraud. You can face prison, a fine or both:





Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both (I.N.A. 搂 275(c), 8 U.S.C. 搂 1325(c)).


The U.S. citizen or resident could also face criminal prosecution, including fines or imprisonment, depending on the facts of the case. They are most likely to be prosecuted for either criminal conspiracy (conspiring with the immigrant is enough; see U.S. v. Vickerage, 921 F.2d 143 (8th Cir. 1990)), or for establishing a ';commercial enterprise'; to get people green cards (see I.N.A. 搂 275(d), 8 U.S.C. 搂 1325(d)).





The extent to which these penalties are applied depends on the specifics of each case. The government tends to reserve the highest penalties for U.S. citizens or residents engaged in major conspiracy operations, such as systematically arranging fraudulent marriages. But that doesn't mean that small-time participants in marriage fraud can count on a soft punishment -- though most immigrants will probably simply be deported and never allowed to return.





Detecting marriage frauds is a top priority for USCIS. USCIS officers still quote a survey from the 1980s which found that up to 30% of marriages between aliens and U.S. citizens are suspect. That survey has since been shown to be deeply flawed, but its legacy lives on.





In order to detect frauds, the immigration authorities require a lot of proof that a marriage is real, including more documentation than for other family-based immigration applicants. They subject marriage-based immigrants to a longer and more detailed personal interview and a two-year testing period for couples who have been married fewer than two years.What penalties are there for fraudulent marriage. Who do you report it to?
Do what you can to keep her from making this mistake.
It's a felony. Print off what poo said and show it to her. If she still goes through with it then she's laid her bed and must lay in it.
it's a felony. If they are foud out he would get deported and she could go to jail.

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