If you are an immigrant to the United States who has not yet obtained citizenship status, a criminal conviction of immigration fraud can prevent you from ever achieving this status. You can also face significant criminal penalties. Here are the crucial steps you should take if you are ever facing immigration fraud charges.
Step 1: Learn About The Charges Against You
Immigration fraud is a broad term that encompasses a number of potential offenses. Some of the most common examples of immigration fraud include:
Marriage fraud – Marriage fraud occurs when one or both spouses enter into a marriage simply for the purpose of obtaining lawful immigration status.
Document fraud – Immigration fraud can be committed when a person uses a fake, counterfeit, altered, or stolen visa, passport, or other immigration-related document. Using another person’s social security number is another example of document fraud.
Fraudulent applications – Immigration fraud can also occur if you provide false information on any immigration form or application.
Immigration services fraud – Many countries use “notarios” or other service providers to assist them with their immigration application. Unfortunately, many of these so-called professionals may not fully understand complex immigration laws or blatantly provide false information that later prevents an immigrant from obtaining proper status.
Employment fraud – Employers and employees alike can commit employment-related immigration fraud if they present false information about their immigration status or permit someone without proper work authorization to work in the United States.
Generally speaking, immigration fraud is an offense that occurs when a person circumvents United States immigration laws through fraudulent means.
Step 2: Understand The Potential Penalties For Immigration Fraud
Immigration fraud is generally a federal crime, so it can carry hefty penalties. For example, entering into a fraudulent marriage to evade immigration laws can be punished by up to five years imprisonment and a fine up to $250,000. Document fraud can be punished by up to 25 years in prison if it was committed to facilitate an act of international terrorism.
Additionally, immigration fraud can make you removable from the country. This can cause you to be deported and not to be able to lawfully reenter in the future.
Step 3: Consider Your Defenses
Depending on the circumstances, you may have a variety of defenses, such as:
- Lack of intent
- Lack of knowledge
- Proper documentation
- Bonafide marriage
- Insufficient evidence
- Illegal search
- Lack of communication
- Victim of fraud
Step 4: Contact An Experienced Immigration Fraud Defense Attorney
Because the stakes are so high, it is crucial that you trust your defense only to a lawyer who is knowledgeable about immigration law. Too many individuals have made the mistake of working with public defenders or criminal defense lawyers who are unaware of the potential immigration consequences of a conviction. The knowledgeable state and federal attorneys at Vinas & Graham, PLLC, can review the circumstances of your case, protect your rights during any investigation, and develop a strong legal strategy for your case.
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