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Questions about Marriage Fraud Law

Marriage fraud is a real problem that an increasing number of couples are dealing with. Since marriage is a huge personal decision, many people feel overwhelmed when it comes to dealing with the legal aspect of marriage fraud. 

What is Marriage Fraud?

When a foreign-born person marries a U.S. citizen or, a lawful permanent resident, for the sole or primary purpose of getting a green card (U.S. lawful permanent residence) it is considered marriage fraud. These marriages are the opposite of ones entered into for love or family purposes.

How can a victim of marriage fraud for citizenship legally get out of marriage, other than divorce?

This is a common question that arises once a person realizes that their spouse has used them to gain citizenship. In most cases, divorce is the only legal recourse available. If it can be proved that the marriage has not been consummated, annulment may also be an option. Marriage law varies from state to state, so it is advisable to find a lawyer in your area.

Can someone accused of marriage fraud still apply for residency?

Marriage fraud penalties can be very strict; though individual circumstances have a significant bearing on the outcome. Usually, anyone found guilty of marriage fraud or misrepresentation to gain immigration benefits is considered inadmissible and denied residency or citizenship.

While you can file for a waiver, they are seldom approved. However, not all situations are this simple. There may be extenuating circumstances, such as coercion, that can be proved. Bring the details of your case to Lawyers on JustAnswer and get an expert opinion on the legal options available to you.

If someone married to a U.S. citizen is charged with marriage fraud after living in the U.S. for ten years, can they still live in the country?

When allegations are made by a spouse about the validity of the marriage, the burden of proof is thrust upon the accused. Typically, the accused spouse must prove that the charges are false and that there was no fraud involved.

However, if you are convicted of marriage fraud, you may be legally prevented from living in the U.S. ever again, unless you can qualify for one of the very few waivers that exist. They are extremely difficult to get if you are convicted of marriage fraud. Your best option is to retain an experienced immigration attorney in your area.

If someone committed marriage fraud to gain citizenship for another person and passed the first interview, can I get a divorce?

It is a prosecutable offense to lie to the government. The penalty for marriage fraud is explained on the U.S. Citizenship and Immigration Services website. The decision is a moral one: continue the fraud or come clean and face the legal consequences. You should consider retaining the services of an immigration attorney. 

If someone was wrongfully accused of marriage fraud and deported, then denied a waiver, is there anything that can be done?

After being convicted of marriage fraud and deported, it is highly unlikely that you would be granted a waiver and allowed to enter the US again. If there is no conviction or guilty plea, the only option is to provide conclusive proof that the accusation of marriage fraud was wrong. In such situations, the burden of proof usually lies on the accused and it can be extremely difficult to prove the accusation false. 

Whether you are the victim of marriage fraud or have been accused of it, there are rules to abide by in seeking justice. Provide the details of your case to Lawyers on JustAnswer to gain quick, affordable expert opinions that can help you find the course of action best suited to your case. 

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