Types of Immigration Fraud -- and the Consequences | Legal ...
Immigration fraud refers to any efforts to circumvent immigration requirements through deceit. This fraud typically involves aliens who fraudulently apply for benefits, such as via marriage to a US citizen or by forging identity documents.
A wholly separate category of fraud involves the victimization of aliens by individuals who are not authorized to practice immigration law but botch immigration applications in order to make a profit.
Immigration Fraud by Marriage
Marrying a US citizen is the most common way that immigrants obtain lawful residency today.
Although common, strict federal laws are in place to prevent marriage scams to obtain immigration benefits. Since the Immigration Marriage Fraud Amendments of 1986, aliens who derive their immigrant status based on a marriage of less than two years are considered ?conditional? immigrants.
Before the two year period has passed, immigrants must apply at a US Citizenship and Immigration Services office for an interview with an officer who has the power to remove the conditional status. At the interview, a USCIS officer will expect the couple to provide extensive evidence that they live together in a marital union. The officer may even interview each individual separately, asking each a series of probing questions to ensure that neither party is lying.
If the alien cannot show that the marriage is valid, conditional status may be terminated, making the alien deportable. A person charged with marriage fraud may be denied later applications for citizenship or may be barred from re-entry into the US for a period of time. Criminal penalties, such as fines or jail time, may also be attached.
Immigration Fraud Through Documents
Immigration document fraud refers to the manufacture, sale or use of counterfeit identity documents such as birth certificates, social security cards or passports. The offense also includes attempts to obtain authentic identity documents through fraudulent means.
An example of document fraud is lying about the intention in coming to the US in a visa application.
A person found guilty of document fraud can face heavy consequences, including monetary fines and criminal sentences. Like marriage fraud, document fraud is also a deportable offense.
Immigration Services Scams
Another type of immigration fraud victimizes the immigrant.
The US government has disclosed a multi-agency initiative to combat the Unauthorized Practice of Immigration Law (UPIL). The initiative targets unauthorized ?attorneys? from preying on immigrant communities by providing services they are not qualified to provide or by guaranteeing immigration benefits.
There are ways to verify an immigration attorney or USCIS-accredited representative to avoid being entangled in an immigration scam. For example:
- Check with the bar association in the state in which the attorney claims to be licensed to confirm such licensure.
- Never sign blank applications, documents with inaccurate or false information, or documents you do not understand.
- Always request a receipt for services and always obtain copies of documents prepared.
The best way to avoid becoming a victim of an immigration scam is to educate yourself about immigration through books or government websites before requesting assistance from a practitioner. Victims of immigration frauds and scams may report incidents to the Federal Trade Commission or file a complaint with a state government official.
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Source: http://www.legallanguage.com/legal-articles/immigration-fraud/
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