Punishment for Immigration Marriage Fraud

Immigration marriage fraud criminals in the United States risk criminal and immigration sanctions.

Immigration marriage fraud may manifest itself in a variety of ways. For example, a prospective immigrant may bribe a U.S. citizen to marry or promise to do a service in return for marriage. There are also “mail-order” weddings, in which the pair has no prior history and either or both realize the marriage is a forgery. When an immigrant defrauds a U.S. citizen who thinks the marriage is valid, the immigrant knows it is not. In this section, we’ll look at the sanctions imposed by the US legal system for people found committing immigration marriage fraud.

How Federal Law in the United States Punishes Marriage Fraud

What may happen to immigrants who commit marriage fraud is very well spelled out in the law. According to the applicable legislation (Immigration and Nationality Act 275(c); 8 U.S. Code 1325(c)), violators risk jail, a fine, or both, as follows:

Any person who intentionally enters into a marriage for the purpose of dodging any provision of the immigration rules faces up to 5 years in jail or a $250,000 fine, or both.

People prosecuted with marriage fraud may potentially face federal charges for visa fraud, harboring an immigrant, conspiracy, or making false claims. Each of these charges entails extra jail time and monetary fines.

Will Penalties Be Imposed in a Specific Marriage Fraud Case?

The amount to which these sanctions are actually imposed is determined by the facts of each couple’s case. The United States government usually reserves the harshest punishments for US citizens or residents who are involved in big conspiracy activities, such as routinely arranging false weddings for profit. In a large law enforcement operation in 2019, for example, about 100 persons were legally accused.

However, small-time participants in marriage fraud should not expect leniency. The US Department of Homeland Security has made fraudulent marriages a key enforcement focus (DHS). Even if the immigrants are not charged criminally, they will very certainly be deported (removed) from the United States and never permitted to return—even if they subsequently marry a U.S. citizen.