Immigration fraud: know its implications

We have already seen the immigration scams and how to prevent them. But there is another serious immigration crime that is sadly common: immigration fraud. However, many times by mistake, omission or lack of information, some migrants commit “fraud” without bad faith. For this reason, today we will see what immigration fraud is, its penalties, and how to avoid it.

If you need legal help with your immigration process or just don’t know where to start, we can assist you. At Urbina Immigration Law, our professionals will analyze your case and guide you to the best legal solution. Don’t risk your future by taking on the system alone. Tell us about your case and get the legal help you need. 

What is immigration fraud?

In general terms, immigration fraud is considered to be the use and/or falsification of documentation or statements to evade immigration laws. This is a felony, and which penalty may vary depending on the type of fraud committed

Sometimes the tension or language barrier can lead to misunderstandings. But a mistake without bad faith may be considered fraud by the authorities. That is why, at Urbina Immigration Law, our attorneys are here to help you avoid these kinds of situations. Contact us and ensure the integrity of your immigration process.

What is the difference between immigration fraud and immigration scams?

As we have seen, immigration fraud involves falsifying or lying on documents or statements to obtain benefits contrary to U.S. immigration laws. An immigration scam, on the other hand, consists of deceptions to fraudulently obtain money, such as impersonating ICE or USCIS officials. 

Types of immigration fraud

As mentioned above, there are several types of immigration fraud, and while all are felonies, the penalties vary. For this reason, the following are the most common types of fraud and their respective penalties. 

Immigration fraud is a serious crime with penalties ranging from heavy fines to deportation.
Immigration fraud is a serious crime with penalties ranging from heavy fines to deportation.

Identity fraud

This type of immigration fraud consists of identity theft or assumption of the identity of a real person (living or deceased). It is also one of the most common immigration scams, used both to obtain immigration benefits and for other forms of fraud (e.g. financial fraud).

The sanction ranges from heavy fines to prison sentences and even deportation and prohibition to re-enter the country. However, you may be able to obtain an immigration waiver. Don’t let a mistake ruin your second chance. At Urbina Immigration Law we can help you. Tell us your case and let’s fight together for your rights.

Document fraud

This type of immigration fraud consists of the fabrication, falsification or use of false documents to obtain immigration benefits or to circumvent immigration laws. In these cases, the penalty can lead to imprisonment, deportation and heavy fines.

Document fraud is the manufacture, falsification or use of false documents to obtain immigration benefits.
Document fraud is the manufacture, falsification or use of false documents to obtain immigration benefits.

If you need help obtaining documentation or do not know what documents you need, do not despair or take shortcuts that could jeopardize your immigration process. At Urbina Immigration Law we can help you navigate through the system legally and safely. Contact us today and get the legal help you need.

Benefit fraud

This kind of immigration fraud involves altering application information to obtain an improper immigration benefit, such as citizenship, asylum, or a visa. This is an offense that can carry prison sentences and severe fines. However, sometimes a mistake without bad faith can be cause for suspicion of this kind of fraud.

For this reason, having a professional to assist you in gathering and filling out the necessary documentation for your process is essential. Don’t risk a misunderstanding compromising your situation. At Urbina Immigration Law we can help you. Tell us about your case and let’s put your papers in order together.

Marital fraud

While it has several subtypes, in general terms it is a type of immigration fraud that involves marrying a citizen or resident for the primary purpose of obtaining immigration benefits and evading the law. This is a felony with prison sentences of up to five years and fines of up to $250,000 for all involved.

Marriage fraud consists of marrying a citizen or resident for the primary purpose of obtaining immigration benefits.
Marriage fraud consists of marrying a citizen or resident for the primary purpose of obtaining immigration benefits.

This is why USCIS is extremely strict about the evidence needed to prove the legitimacy of a marriage. But do not despair. At Urbina Immigration Law, we can help you gather and prove the authenticity of your union. Tell us your case and secure a  future in the United States with the person you love.

Types of marital fraud

While there are several types of marriage fraud, some of the most common are:

  • Payment to U.S. Citizen or Resident: A U.S. citizen is paid to marry a foreign national for the purpose of evading immigration laws.
  • Marriage by Mail: The citizen or alien knows it is a fraud.
  • Sham Marriage for Visa Lottery: Marrying solely for the purpose of participating in the visa lottery.
  • Alien Fraud: A foreign national defrauds a U.S. citizen or resident alien who believes the marriage to be legitimate. Or they conspire with each other to fake a marriage in order to obtain immigration or tax benefits.

What crimes does immigration forgive?

Through a waiver, immigration pardon some crimes related to unlawful presence, immigration fraud or misrepresentation, and certain section 212(H) excusable felonies. However, you must meet certain requirements to apply. Therefore, in these cases it is best to consult with an immigration attorney.

Can I file an anonymous complaint for immigration fraud?

Yes, you can file an anonymous complaint of immigration fraud with USCIS. Also, please note that this will in no way affect any immigration proceedings you may have underway. Do not hesitate to report these types of crimes, as this allows the authorities to investigate and prevent further victims.

How to report an immigration fraud?

To report immigration fraud, you can call 1-877-382-4357 (press 2 for Spanish options) or 1-866-653-4261 (press TTY for hearing impaired). In addition, you can file an anonymous online complaint with the Federal Trade Commission.

How do I know the status of my case?

You can find out the status of your immigration case in court by using the automated online case information system (in English) or by calling 1-800-898-7180 (press option 2 for Spanish). However, it is best to consult with an attorney who can advise you.

As we have seen, immigration fraud is a serious crime that involves falsifying or lying on documents or statements to obtain immigration benefits. However, a mistake in filling out a form or a misunderstanding in an interview could be mistaken for fraud, even if committed without bad faith. 

This is why the help of an immigration attorney is essential to avoid these kinds of misunderstandings that could cost you time and money. Don’t let a mistake caused by stress and language barriers complicate your application. At Urbina Immigration Law we can help you. Contact us and get the legal help you need. 

Source

ICE – Benefits and Identity Fraud

ICE – Marriage Fraud

Other Resources

How to recognize and prevent scams in immigration procedures

What proofs of marriage should I submit to USCIS?

How to avoid deportation in the U.S.: the complete guide

What are the reasons to deport a person from the United States?

What is a Migratory Waiver and how should I apply for it?

Obstacles to the immigration process: What crimes does immigration not forgive?

Top 10 Most Common Myths about Immigration to the U.S.