Is there a guide for Detecting marriage fraud?
They didn’t kiss on the lips for photos. There was no diamond ring and no family in attendance. According to a leaked training guide meant to help immigration officials detect marriage fraud, the Victoria, B.C., couple’s marriage would have raised a bunch of red flags as a “non-genuine” relationship.
How does marriage fraud affect a foreign spouse?
In other words, if the relationship is entered into for the main purpose of evading U.S. immigration laws, then the marriage is fraudulent and the foreign spouse is not entitled to a green card. Marriage fraud is a serious criminal offense that can result in deportation or even jail time.
How to report fraud in the immigration system?
One way we protect the immigration system is by making it easy for you to report immigration fraud and abuse through our online tip form. This includes fraud related to H-1B visas, H-2B visas, EB-5, asylum, marriage, and other immigration benefits.
When is an immigration application based on marriage fraudulent?
Another way in which an immigration application based on marriage can be found fraudulent is if it isn’t legally valid. Say, for example, that you are already married to another person, and were never able to get a legal divorce.
What makes USCIS suspect of marriage fraud?
But when combined with other red flags, the thinking is that it could represent a compromise by someone who is either interested in obtaining a green card or in being paid to help someone else do so.
How are immigration authorities able to detect fraud?
That statistic has been shown to be deeply flawed, but its legacy lives on. To detect frauds, U.S. immigration authorities require a lot of proof that a marriage is real, including demanding more documentation than they do from other family-based immigrant visa applicants.
Can a non-citizen engage in marriage fraud?
Any non-citizen of the U.S. who enters into a marriage for the sole or primary purpose of evading U.S. immigration law and obtaining permanent residence (a green card) is deemed to have engaged in marriage fraud and is subject to various immigration law consequences.
How can marriage fraud be grounds for removal?
Then their answers will be compared. Too many mismatching answers, and the application is likely to be denied, and a notation of marriage fraud made in the record. The officials may also forward the case to immigration court for removal proceedings. U.S. immigration law requires particular scrutiny of new marriages.