Consequences of Marriage Fraud Determination
When the United States Citizenship and Immigration Services (USCIS) determines that an individual has engaged in marriage fraud, several significant consequences follow.
Visa Petition Denials: USCIS will deny any visa petitions, such as an I-130, filed on behalf of an individual who is found to have previously entered into a marriage to evade immigration laws.
Bars on Future Petitions: The individual may be subject to a lifetime bar on approval of future visa petitions, which can prevent the approval of a visa based on a subsequent marriage, even if the latter is legitimate.
Deportation and Inadmissibility: Individuals may face deportation proceedings and may subsequently be deemed inadmissible to the United States for committing fraud or misrepresentation, a violation of INA § 212(a)(6)(C)(i).
Criminal Penalties: Besides immigration penalties, marriage fraud can result in federal criminal charges, which may carry fines and imprisonment for up to five years (INA § 275(c)).
Impact on Family Members: If an individual’s visa is denied for marriage fraud, it can also affect the immigration benefits of family members who may have derivative status through the fraudulent marriage.
In summary, determining marriage fraud can have long-lasting and far-reaching effects on an individual’s immigration status and future ability to enter and reside in the United States legally.