The immigration process in the United States is very strict, and on many occasions, most applications undergo thorough scrutiny to verify adherence to legal requirements. When applicants fail to meet these requirements, some may resort to immigration fraud—such as submitting false documents or misleading information—to improve their chances of approval.
This illegal action is considered a serious federal crime and can result in severe consequences, including criminal charges, fines and potential deportation.
What offenses are considered immigration fraud?
Immigration fraud can be categorized into several types, each involving different illegal tactics under U.S. federal law:
- Benefit application fraud: This involves unlawfully obtaining immigration benefits through deceptive practices, such as falsified applications or marriage fraud. Falsified applications include providing false information or fabricated documents to gain visas, green cards or other immigration statuses. Marriage fraud involves entering into a sham marriage to obtain immigration benefits like permanent residency or citizenship.
- Document fraud: This encompasses the use of fraudulent or altered documents to gain entry or status in the U.S. Examples include false identification, such as using fake names, incorrect birth dates or altered marital statuses on visas or status adjustment applications. Employment misrepresentation involves falsely claiming U.S. citizenship or permanent residency on employment forms, like the I-9 or fabricating employment history, qualifications or income to support visa applications, such as H-1B visas.
- Asylum fraud: This includes submitting fraudulent or misleading information to obtain asylum or refugee status, such as fabricating stories of persecution or providing false evidence to gain protection under U.S. asylum laws.
- Naturalization fraud: This involves providing inaccurate or false information during the naturalization process to become a U.S. citizen, such as concealing criminal history, misrepresenting residency requirements or failing to disclose material facts.
When facing federal crime charges, skilled legal representation is crucial for handling the case effectively and working towards the best outcome while defending against the charges.