Marriage fraud to immigrate into the United States, according to the Immigration and Nationality Act, is defined as an alien who has entered into a marriage for the sole or primary purpose of evading U.S. immigration law. Although not necessarily a problem that will effect the integrity of the United States population, the violation of the marriage fraud laws does go on with quite regularity.

There can be two innocent victims of marriage fraud crimes. Of course the crime is committed against the United States, so, the first victim of the crime is against our society. We have our criminal element, like any other society, already here in the United States. Frankly, we are not anxious to embrace the criminal element from some other country. Also, there can be another potential victim of marriage fraud, and that is either a citizen or Permanent Resident who is married by an alien for the sole purpose of using them to enter into the United States. Rare, there is strong evidence it does happen.

When marriage fraud for the purpose of obtaining a Green Card or immigrating to the United States does happen and you are caught and convicted,  severe penalties can include sentences of up to 5 years in federal prison and a $250,000 fine. After a convicted alien has satisfied their debt to our society, they will then be deported back to their country without the benefit of ever being able to come back.

The US Immigration and Customs Enforcement (ICE) is a agency of the Department of Homeland Security (DHS), and is responsible for investigating border violations including any violations involving immigration. Marriage fraud comes under their jurisdiction.

Since the 9-11 terrorists attacks, the United States has developed a keen interest in all kinds of immigration violations. A recent crack down in Seattle, Washington for marriage fraud racketeering is characteristic of what the ICE is up to these days.

An exert from a  news article posted October 29, 2009 on the Bellevue Reporter website, read:

“Varee Bradford, 44, owner of the Thai Ginger chain of restaurants, pleaded guilty Friday afternoon in U.S. District Court in Seattle to Conspiracy to Commit Immigration Fraud, and three counts of Fraud Relating to Immigration Documents. “Marriage fraud undermines the integrity of our nation’s legal immigration system and potentially robs deserving immigrants of benefits they rightfully deserve,” said Leigh Winchell, special agent in charge of the ICE Office of Investigations in Seattle. “Today’s guilty plea demonstrates that those who engage in these schemes can face criminal charges for their actions.” According to the plea agreement, Bradford admits that she recruited U.S. citizens to engage in sham marriages with Thai nationals, so that the citizens of Thailand could obtain legal status to stay in the U.S. The U.S. citizens were paid $20,000 for entering into the sham marriages. When sentenced by U.S. District Court Judge Ricardo S. Martinez on January 22, 2010, Bradford faces up to five years in prison and a $250,000 fine on the conspiracy count, and 10 years in prison and $250,000 fine on the fraudulent immigration documents counts.”

From the exert, you should be able to see that marriage fraud for the purpose of entering the United States is serious business, especially in and around Seattle. If you have been caught up into something similar, or you just don’t understand our immigration laws, you really need an immigration lawyer to help you. Maybe you are just interested in legally immigrating to the United States, becoming a Permanent Resident, or becoming a US citizen. Contact us today at www.immigrationlawstation.com, and we will help you find an immigration attorney in your area who will answer any legal questions you may have about immigration law.