Immigration fraud is when false information is given to obtain legal status in a country. Marriage immigration fraud is common, where a US citizen arranges a “sham marriage” for money. The Immigration Marriage Fraud Act 1986 addresses this, and the Violence Against Women Act protects victims of domestic violence.
Immigration fraud occurs when a non-citizen enters a country for the purpose of obtaining legal status that allows him to live or work in that country and intentionally provides false information to do so. Most countries have laws to deal with immigration fraud, as well as special government departments to investigate fraud and enforce immigration laws. In the United States, marriage immigration fraud is a prevalent type of immigration fraud.
Marriage immigration fraud occurs in situations involving “sham marriages”. Spouses of permanent residents and U.S. citizens receive special consideration in their permanent residency applications. Sometimes a U.S. citizen or permanent resident can arrange a “marriage” with a person to help that person obtain permanent residency status. Often these transactions involve the payment of money. Other times, one party to the marriage is a U.S. citizen or permanent resident and innocent of the other party’s intention to dissolve or leave the marriage as soon as the party obtains permanent resident status.
The Immigration Marriage Fraud Act 1986 (IMFA) was passed to address the high incidence of immigration fraudulent marriages. The IMFA classifies immigrants who derive their immigration status from a marriage of less than two years as “conditional” immigrants. The IMFA specifies that a conditional immigrant must apply ninety days before their second wedding anniversary to have their conditional status removed.
In a hearing or interview to decide whether to revoke conditional immigration status, the immigration officer may ask the parties to provide supporting documentation that they reside together as husband and wife. This could include applications for leases with both names on the lease or joint bank accounts. Often the parties are first interviewed separately. The immigration officer may ask the applicant questions about the other party’s work and personal habits and what the parties do together.
If the parties cannot prove that the marriage is valid, the applicant’s conditional status may be terminated and one or both parties, unless the non-applicant is a U.S. citizen, may be deported. When seeking to remove conditional status, one or both parties can also prove that the marriage was terminated for legitimate reasons applicable to any other marriage. Immigration authorities, at their discretion, may choose not to impose penalties for failure to comply with the two-year period in cases of “hardship”, often when children are involved.
The Violence Against Women Act (VAWA) protects immigrant women with conditional immigration status who ended their marriage in less than two years to escape domestic violence or extreme mental cruelty. VAWA also allows victims of domestic violence to petition for adjustment of status based on the abuse. A victim of domestic violence can also apply for permanent resident status outside the United States if the abuse occurred in the United States.
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