Consequences of a Fraudulent Green Card Marriage

Some people consider the United States the greatest country in the world. Others might not feel the same way, but would wholeheartedly agree that the opportunities available in the United States are far more widespread compared to those available in their home countries. Since living in the United States is an incredibly-appealing notion for many, certain people might try whatever it takes to be allowed to do so, even if it means breaking the law. While some might simply try to sneak into the country, others might try the ever-popular green card marriage approach.

When entered into under genuine romantic circumstances, a marriage is a perfectly legitimate way to gain permission to reside in the United States via a green card. It often happens that one American and one non-citizen meet either inside the U.S. or abroad, fall in love, and eventually decide to get married. In such cases, a marriage-based green card application is perfectly acceptable in the eyes of the government, and while applicants still have to go through the appropriate process, they are likely to be granted their desired status provided that they do things correctly and follow the necessary rules.

A fraudulent green card marriage, on the other hand, is an agreement entered into by two individuals — one American and one non-citizen — to pretend to be married for the sake of the non-citizen obtaining his green card and being granted access to reside permanently in the United States. In such situations, the American involved is usually enticed by a significant monetary reward, though in some cases, people have been known to enter into illegitimate green card marriages to help friends or former lovers.

As an immigration attorney, Daniel Fisher of the firm Fisher & Frommer, NYC is all too familiar with the idea of the fraudulent green card marriage. Although Fisher will not represent any client who enters into such a marriage under false pretenses, he is fully aware that the practice of doing so has become more and more prevalent throughout the years. In fact, for this reason, the U.S. government has gotten stricter as far as marriage-based green cards are concerned, making the process all the more difficult for those who are trying to obtain their green cards under perfectly legitimate circumstances.

According to Fisher, people who enter into fraudulent green card marriages should be aware that the act of doing so could result in serious legal consequences. For those involved in such a scam, the best-case scenario would involve the green card application being denied due to false pretenses, at which point the applicant’s chances of successfully reapplying for one would become somewhat slim. On the other hand, the worst-case scenario could involve having criminal charges pressed against both the applicant and the American citizen who was foolish (or greedy) enough to go along with the act. In such cases, the applicant could end up getting deported, and the U.S. citizen could face hefty fines and even jail time.

Given the potentially harsh penalties involved, one can’t help but wonder why people would go so far as to put themselves in such situations. One reason is that people simply aren’t aware of how serious a crime a fraudulent green card marriage actually is. While most would naturally assume that repercussions ARE involved in getting caught, plenty don’t realize that charges for such fraud can actually be brought on a criminal level. And when large sums of money are at stake in exchange for participation, some people are simply willing to risk it in order to reap the benefits of a significant monetary reward. Of course, it’s a bit easier to see why a non-citizen might be willing to fork over his life’s savings and run this risk in order to get to stay in the country. After all, when people ARE desperate, they tend to take desperate measures. However, this certainly doesn’t make it right.

While the U.S. government can be rather unforgiving in the event that a person is caught engaging in green card marriage fraud, there is a way out for people who come to realize the error of their ways. If an illegitimate couple is in the midst of the application process and has second thoughts, then the applicant can withdraw from the green card process at no penalty to himself or his American counterpart, and then reapply under legitimate circumstances.

Despite the difficulties of immigration, it’s a truly bad idea for both an applicant and U.S. citizen to enter into a fraudulent green card marriage. The government might not be perfect, but it isn’t stupid, and if you break the rules, then you’re likely to get caught and have no choice but to face the unpleasant consequences.