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What is Marriage Fraud (Immigration) and Its Legal Consequences?
Definition & Meaning
Marriage fraud in the context of immigration refers to situations where an individual enters into a marriage primarily to gain immigration benefits, such as obtaining a visa or permanent residency. This can occur when the marriage is not genuine and is intended to circumvent immigration laws. Under U.S. law, if a marriage is found to be fraudulent, the individual may face deportation and other legal consequences.
Table of content
Legal Use & context
Marriage fraud is primarily relevant in immigration law. It can lead to serious legal repercussions, including deportation and bans on re-entry into the United States. Legal professionals may encounter this issue in various contexts, including:
Immigration applications and petitions
Deportation proceedings
Family law cases involving spousal sponsorship
Individuals can manage some aspects of this issue using legal templates from US Legal Forms, but complex cases may require professional legal assistance.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person marries a U.S. citizen solely to obtain a green card. After receiving the green card, the marriage ends within a year. Immigration authorities may investigate this case for potential fraud.
Example 2: An individual enters into a marriage with a U.S. citizen but does not live with them or fulfill marital obligations. This could lead to questions about the legitimacy of the marriage and possible deportation proceedings. (hypothetical example)
Relevant laws & statutes
The primary statute governing marriage fraud in immigration is found in:
8 USCS § 1227 - Grounds for deportation
8 USCS § 1182(a)(6)(C)(i) - Inadmissibility due to fraud or misrepresentation
Comparison with related terms
Term
Definition
Marriage Fraud
Entering a marriage for immigration benefits rather than genuine relationship.
Sham Marriage
A marriage that is not intended to be genuine, often for immigration purposes.
Green Card Marriage
A marriage where one spouse seeks a green card through their partner, which may or may not be genuine.
Common misunderstandings
What to do if this term applies to you
If you suspect that marriage fraud may apply to your situation, consider the following steps:
Gather all relevant documentation related to your marriage and immigration status.
Consult with an immigration attorney to understand your rights and options.
Explore US Legal Forms for templates related to immigration and marriage documentation.
Complex cases may require professional legal help to navigate properly.
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