What is marriage fraud case per INA 204(c)?
What is marriage fraud case per INA 204(c)?
For immigration purpose, according to Immigration and National Act (INA) 204(c), marriage fraud refers to situations where a foreign national and a U.S. citizen or lawful permanent resident enter into marriage primarily to evade U.S. immigration laws, rather than to establish a genuine marital relationship. In other words, if the marriage is entered into solely or primarily to obtain immigration benefits such as a green card or temporary / permanently status in the U.S., rather than to create a life together, that case is considered as a fraudulent case.
How will foreign nationals be impacted if they have engaged in or attempted to engage in marriage fraud?
INA 204(c) prohibits the approval of an immigrant visa petition filed on behalf of an alien who has attempted or conspired to enter into a fraudulent marriage. If USCIS determines that a foreign national has engaged in or attempted to engage in marriage fraud, future immigration petitions filed on their behalf may be denied, even if they have strong family ties or other potential grounds for immigration.
Are there any specific consequences for the violator?
The violator will be prosecuted by the federal officer and will be facing criminal penalties. Please note marriage fraud can also lead to denial of immigration benefits, deportation, and a lifetime (permanent) bar from obtaining future immigration benefits. According to 8 U.S.C. § 1325(c), marriage fraud case is considered as a federal crime and individuals convicted under this section can face up to five years of imprisonment and a $250,000 fine.
What is an example of government action for those who have committed marriage fraud?
The 204(c) finding creates a lifetime bar to the approval of subsequent immigrant visa petitions. Please note the 204(c) bar can apply to the individual (beneficiary) even if the initial petition based on the fraudulent marriage was approved but later found to be fraudulent. Then, marriage fraud can also lead to denial of immigration benefits, deportation, and a lifetime bar from obtaining future immigration benefits. Even if a subsequent petition is filed by a U.S. citizen spouse, child, or employer, the 204(c) bar can prevent its approval.
Are there any limitations for convictions?
This, 204(c), finding can occur even without a criminal conviction or prosecution for marriage fraud.
Note: this information provided here is for general information and educational purposes only, and it does not constitute legal advice.
