There are many cases in which immigrants to the United States fall in love with and marry U.S. citizens. For example, a student may come to the United States on a student visa and meet a citizen while attending classes. The two of them may get married after graduation. They can then use this marriage as the basis for the immigrant to get a green card and become a permanent resident.
Therefore, green card marriage fraud is when someone intentionally and knowingly enters into a false marriage. The two people are not in an actual relationship but are simply pretending to be so that one of them can get a green card. This is sometimes referred to as a sham marriage. The goal is simply to fraudulently use the immigration system to get a green card that otherwise would not have been granted.
What are the ramifications?
The United States takes this very seriously, and it is governed by the Immigration Marriage Fraud Amendments Act of 1986. This act also sets up potential penalties for those who are convicted of green card marriage fraud, including:
- Fines of up to $250,000
- Imprisonment for five years
It is important to note that people can only be convicted and given this type of sentence if it is shown that they knowingly entered into a fraudulent marriage. For instance, the citizen may argue that they believed it was a real relationship and were not trying to commit fraud, even if it turns out later that the person they married only did so in order to get a green card.
Your legal options
Even if you know that your marriage is valid, you may have concerns about being accused of green card marriage fraud. If you are, you must understand all of the legal options you have at this time.