Hi,
What are the penalties for marriage fraud for both sides? I know that in theory 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. But, in practice the immigrant is deported. What happens to the American citizen? I am told that if she/he reports the fraud within 6 months after the marriage, she/he is not punished; otherwise she/he may go to prison or/and she may be fined - is that true?
Thanks,
Amidoux
PS: I coppied below the law about marriage fraud below.
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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. §275(c), 8 U.S.C. §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. §275(d), 8 U.S.C. §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.
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What are the penalties for marriage fraud for both sides? I know that in theory 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. But, in practice the immigrant is deported. What happens to the American citizen? I am told that if she/he reports the fraud within 6 months after the marriage, she/he is not punished; otherwise she/he may go to prison or/and she may be fined - is that true?
Thanks,
Amidoux
PS: I coppied below the law about marriage fraud below.
-----
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. §275(c), 8 U.S.C. §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. §275(d), 8 U.S.C. §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.
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