To enter or remain in the United States and be eligible for various immigration related benefits, aliens must comply with a number of document requirements under the Immigration and Nationality Act (INA), as amended. Under the INA, an alien who uses, acquires, or produces fraudulent documents for immigration-related purposes may be subjected to civil penalties and denied certain immigration benefits, including the ability to enter or remain in the United States.
There are different types of immigration fraud:
Immigration Fraud by Marriage
The most common way to gain lawful residency in the United States it is through marriage. Even though, marrying a US citizen remains the most appealing way, there are strict federal laws in place to prevent marriage frauds to obtain immigration benefits. In fact, 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.
During the first two years of marriage, immigrants must apply at a USCIS office for an interview with an officer who has the power to remove the conditional status. The couple will need to provide more evidence that they live together in a marital union.
Conditional status may be terminated, if the alien cannot show that the marriage is valid, making him/her deportable. If a person has been charged with marriage fraud may be denied later applications for citizenship and/or may be barred from the United States as a criminal immigration offender.
Immigration Services Scams
The US government has revealed a multi-agency initiative to fight 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. On a licensed immigration lawyer can represent you in Court.
Immigration Frauds through Documents
Immigration document fraud it is another common way to obtain “LPR” in the US and it refers to the manufacture, sale or use of counterfeit identity documents such as birth certificates, social security cards or passports.
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 massive consequences, including monetary fines and criminal sentences. It is, of course, a deportable offense.