Providing fraudulent documents and its penalties

Providing fraudulent documents and its penalties 

Providing a fraudulent document to the federal government is a serious federal crime that can result in severe penalties, including lengthy prison sentences, substantial fines, restitution, and forfeiture of assets. For the immigration benefit purpose, if the applicant knowingly and willfully falsifies or conceal a material fact or submit a false document with their immigration form, USCIS will deny the form / application or/and may deny any other immigration benefit. In addition, the violator will face severe penalties provided by law and may be subject to criminal prosecution. According to federal regulation of 18 U.S.C. § 1001, providing a false statement to the federal government is a felony. A conviction under this statute can lead to imprisonment for up to five years, or more in certain circumstances, and fines.

Does it require to provide an original document and English translation?

USCIS may request an original document at any time during our process and will return it to the applicant after USCIS determines it no longer needs the original. However, if anyone submit a document with information in a foreign language, they must also submit a full English translation. The translator must sign a certification that the English language translation is complete and accurate, and that he or she is competent to translate from the foreign language into English. The certification must also include their signature, printed name, the signature date, and their contact information.

When the petition / application is signed by the someone, the signer must know that he / she authorized under penalty of perjury (28 U.S.C. section 1746) that all information and documentation submitted with this petition are complete, true, and correct. In addition, the signer also authorized the release of any information from their records that USCIS may need to determine their eligibility for the immigration benefit they are seeking and consent to USCIS verifying such information. Please see, 8 U.S.C. sections 1103, 1155, and 1184, and 8 CFR Parts 103, 204, 205, and 214. 

The Department of Homeland Security (DHS) has the authority to verify any information the person submits to establish eligibility for the immigration benefit they are seeking at any time. To ensure compliance with applicable laws and authorities, USCIS may verify information before or after their case is decided.

How will DHS monitor and verify the processes?

Agency verification methods may include but are not limited to review of public records and information; contact via written correspondence, the Internet, facsimile, other electronic transmission, or telephone; unannounced physical site inspections of residences and locations of employment; and interviews. USCIS will use information obtained through many verification methods to determine the applicant’s eligibility for an immigration benefit.

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. 

Note: this information provided here is for general information and educational purposes only, and it does not constitute legal advice.