Marriage Fraud For Immigration Purposes, otherwise known as citizenship marriage fraud, is generally where a person from another country who is not a US citizen marries a US citizen solely to obtain citizenship in the US. Americans are allowed to marry anyone from any country, and with marriage, their spouses are granted instant citizenship. As such, the practice of non-citizens paying US citizens, primarily with money, although occasionally sexual favors will also be given, for entering into marriage has become a main many non-US citizens enter into becoming legal US citizens. In 1986, in large part to crack down on "sham" marriages, the US passed the Immigration Marriage Fraud Amendments, which was amended in 1990 and 1994, primarily to protect spouses who become entrapped in abusive marriages, as well as to prevent marriage annulment fraud and other marital fraud incidents that were at that time on the rise.
The IMFA entails many ‘rules’ for marriages between American citizens and non-citizens in order for full citizenship to be granted. These rules include the ability to maintain the marriage for at least two years, during which time the non-resident is classified as a “conditional” resident alien. After two years, the couple must file for removal of this status, which entails a full interview and inspection by the INS to determine if they believe the marriage was a “sham” or was bona fide. Personal questions and proof of living together for the two-year period are some of the ways USCIS determines the legitimacy of the marriage. Another common way charges of marriage fraud are brought about are when a prior spouse, family member or third party notifies authorities the marriage is fraudulent.
Marriage Fraud for Immigration Purposes Penalties
A marriage fraud charge is a life-altering offense with consequences that can tear apart a person’s life. Given the potential of being convicted of a federal crime, seeking legal counsel immediately is the only prudent course of action.
Possible Penalties
- Permanent Deportation with a Lifetime Ban on Ever Becoming a US Citizen
- Permanent loss of all US benefits
- Annulment of the marriage
Marriage Fraud for Immigration Purposes Sentencing
When determining whether a marriage is fraudulent, a judge will look at many ‘gray’ areas, including testimonies of third parties that may or may not have vested interest in the judgment, and answers to personal question from the defendant that may or may not be viewed as indicative of fraud. The best way to protect one’s rights and ensure a fair trial occurs is to high an experienced immigration lawyer.
Hire a lawyer for Marriage Fraud for Immigration Purposes Charges
Marriage fraud for immigration purposes involves many different circumstances that can lead to a conviction of the charge. To protect one’s marriage and legal standing in the US, it is imperative one retains an experienced lawyer to fight for their rights under the law and ensure a fair trial.
Marriage Fraud: Fines and Jail by State
Penalties Vary Greatly by Case! For accurate penalties, talk to the court clerk or a lawyer!
| State | Avg. Fines | Avg. Jail | Avg. Probation | Other |
| Alabama | $5000-$250,000 | 5-10 yrs | 5-10 yrs | |
| Alaska | $250000-50 million | 5-10 years | upto 5 years | |
| Arizona | 1000$ | 1-3 months | 1 month | community service |
| Arkansas | $250,000 fine | five years imprisonment | Varies by Case | |
| California | + $250,000 fine for marriage fraud. | up to five years | Varies by Case | |
| Colorado | $250 to $5000 | 41-51 months | 4-16 years | |
| Connecticut | $1500 -250000 | 5 years | 3 months | community service |
| Delaware | up to $250,000 | up to 5 years | Varies by Case | |
| District of Columbia | Varies by Case | upto 10 years | Varies by Case | |
| Florida | $0-500,000 | 0-20 years | Varies by Case | |
| Georgia | up to $250000 | 2-20 years | 2-10 years | community service |
| Hawaii | Varies by Case | Varies by Case | Varies by Case | |
| Idaho | $1000-250,000 | one year | three years | community service |
| Illinois | $0-$250,000 | 0-5 years | Varies by Case | |
| Indiana | $1,000-$10,000 | 1-5 years | 1 year | |
| Iowa | up to $250K in fines | up to 5 years in federal prison. | Varies by Case | |
| Kansas | up to $250K in fines | 5 years | 18 months | community service |
| Kentucky | less than $1000 | 60 months prison | Varies by Case | Common non-citizens face deportation. |
| Louisiana | $1,000-$10,000 | 1-5 years | 1 year | Judge may order restitution. |
| Maine | $500-2,50,000 . | 5-10 years. | 3-4 years. | |
| Maryland | 250000 | 5 years | 4 years | community service |
| Massachusetts | up to $5000 | upto 2 1/2 years | Varies by Case | |
| Michigan | upto $250000 | 5-15 years | 6-36 months | |
| Minnesota | 250000 | 0-5 years | Varies by Case | |
| Mississippi | $10,000-$25,000 | up to 5 years | up to 3 years | Community service is a possibility. |
| Missouri | 250000 | 1 year | 3 months | community service |
| Montana | 250000 | maximum of 5 years | 3 years | |
| Nebraska | 1000 | 2 years | 6 months | |
| Nevada | up to $250000 | 5-10 years | 2-5 years | community service,drug classes |
| New Hampshire | up to $250K in fines | up to 5 years | Varies by Case | |
| New Jersey | up to $250,000 | up to five years | Varies by Case | |
| New Mexico | $1,00,000-2,50,000. | 5-10 years. | 10-12 years | |
| New York | $1,000-$5,000 | 1 year to 15 years | up to 1 year | |
| North Carolina | $2,500-$10,000 | 1 year-5 years | up to 1 year | |
| North Dakota | up to $250,000 | up to 5 years | Varies by Case | Title 18, United States Code, Section 100 states that whoeverwillfully and knowingly falsifies a material fact, makes a falsestatement or makes use of a false document will be fined up to$10,000 or imprisoned up to five years, or both |
| Ohio | $5,000-$15,000 | up to 5 years | up to 1 year | |
| Oklahoma | up to $10,000 | up to 5 years | up to 1 year | Judge may order restitution and/or community service. |
| Oregon | $0-$2,500 | 0-60 months | 0-60 months | possible deportation if non-citizen |
| Pennsylvania | $5,000-$10,000 | up to 5 years | up to 1 year | Judge may order community service. |
| Rhode Island | 250000 | up to 5 years in federal prison | upto 4 years | |
| South Carolina | $200,000- $250,000 | 3.5 years - 5 years | 18months - 4 years | |
| South Dakota | 250000 | 1 year | 3 months | community service |
| Tennessee | 250000 | up to fife years imprisonment | Varies by Case | the five years imprisonment and the fine of $250000 is in additon to federal charges of visa fraud,false statement and conspiracy.The foraign national will be barred under INA section 204(c) from ever having a subsequent immigrant visa application approved. |
| Texas | 250000 | 0-5 years | Varies by Case | |
| Utah | 200,000-250,000 | 5 years | Varies by Case | |
| Vermont | 250000 | 5 years | 3 months | community service |
| Virginia | up to $10,000 | up to 5 years | up to 1 year | Judge may order community service. |
| Washington | $1,00,000-2,50,000. | 5-10 years . | 3-4 years. | |
| West Virginia | 5000 max | 2 yeras max | 6 years max | Community Service is Likely |
| Wisconsin | $10,000-$250,000 | up to 5 years | 6 months-3 years |
