There are many different types of immigration fraud, whether that is a person who lies on an immigration form in order to gain entry to the United States, or the one who makes false statements about immigration status in order to gain employment, or even the one who makes false statements in order to get another person into the country.
However, one of the most commonly prosecuted forms of immigration fraud is committing marriage fraud in order for the immigrant spouse to obtain a green card, which grants a person permanent, lawful residence in the United States.
Immigration fraud can be prosecuted as a felony. If convicted, a person faces jail time and the possibility of a non-citizen being deported from the United States without the opportunity to ever legally return. It is very important to have experienced attorneys who are able to challenge the prosecutor’s case.
At Greco Neyland, PC, our founding partners have worked as prosecutors early in their careers in order to gain the knowledge necessary to counter the tactics of the federal prosecutors. We are committed to working hard on behalf of our clients and we never give up the fight, and make no mistake about it – you are in the fight of your life. You need someone who can fight for you. We are ready to take every case to trial, so prosecutors are not able to rattle us with empty threats.
Immigration fraud relating to sham marriages have become common enough for federal prosecutors to take notice and start to crack down on these situations. These Assistant United States Attorneys have the backing of Congress, which has passed legislation aimed at providing the means for the discovery of fraudulent marriages and punishing those who have entered into these unions.
One of the reasons for the number of fraudulent marriages in New York City is the fact that the easiest way for a person to obtain a green card, along with the opportunity to work in the United States, is by marrying a citizen.
An immigrant spouse may get a green card as soon as the application process has been completed as long as the yearly allotment has not been exhausted, eliminating years of struggle that often ends in rejection. This provides the incentive for financial arrangements where one person will agree to marry an immigrant in exchange for payment.
Under the terms of the Immigration and Nationality Act (INA), which regulates immigration in the United States, there are no specific provisions that define marriage fraud. However, the United States Citizenship and Immigration Services (USCIS) has the authority to deny a green card application if the motivation behind the marriage is to obtain the green card, thereby establishing the fraud analysis.
Most of the time, immigration fraud is discovered when there are follow-up submissions to verify the information that was provided in obtaining the initial immigration approval.
When a person discovers that he is being investigated for immigration fraud, it might lead to panic and certainty that he will be found guilty. Despite the seemingly might and vast resources of the federal government, there are many ways to defend against allegations of immigration fraud, including the fact that there was no intent to defraud at the time when the initial application was submitted and circumstances simply may have changed.
The skilled and zealous New York Criminal Defense Attorneys at Greco Neyland, PC understand how to analyze the evidence collected by the USCIS and presented to the Assistant United States Attorney and discover flaws in the case.
We have a Manhattan office that is conveniently located in order to provide prompt access to our clients when they are confronted by federal prosecutors or investigating officers. In order to schedule a free initial consultation so that we can learn about your situation and discuss how we can help you, please call us at (212) 951-1300 and a NY criminal defense attorney will return your call right away!
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