Abstract
Marriage fraud is considered a true immigration crime in that not only does it carry penalties related to an immigrant’s status, but also severe penal consequences under federal law. This paper seeks to explore how a case of marriage fraud is discovered, investigated and prosecuted by immigration officials, and, ultimately, by the judicial system. The paper focuses on recent immigration law developments and lays out a blueprint of a marriage fraud case under the 1986 Marriage Fraud Amendments to the Immigration and Naturalization Act.
Highlights
Marriage is a topic often reserved for state courts
If a determination is made that a fraud exists, the document benefit fraud unit will take one of two actions: (1) handle the matter administratively and deny the benefit without involving the criminal law; or (2) work with law enforcement and the United States (US) Attorney’s Office to prosecute the fraud
Once the petition has been approved by the United States Citizenship and Immigration Service (USCIS), and the alien spouse is in the United States, the approved spouse can apply for adjustment of status7
Summary
Marriage is a topic often reserved for state courts. Divorces, separations, and other matrimonial matters seldom appear in federal jurisdictions. It becomes clear that this highly desirable benefit is ripe for exploitation by those who intend to defraud the system It is in this context that marriage becomes a federal matter and, a concern of federal criminal law. Enforcement all have document fraud units or an equivalent, which handle suspected cases of marriage fraud These units receive the referral from their administrative counterpart and launch an investigation to determine whether the marriage is bonafide or whether it was entered into with the purpose of. If a determination is made that a fraud exists, the document benefit fraud unit will take one of two actions: (1) handle the matter administratively and deny the benefit without involving the criminal law; or (2) work with law enforcement and the US Attorney’s Office to prosecute the fraud. I will discuss the consequences of a conviction for marriage fraud, and evaluate the overall state of the law as well as point out the detrimental aspects while recommending beneficial ones
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
