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NYC Marriage Fraud Lawyers

What Is Marriage Fraud Under U.S. Immigration Law?

Marriage is supposed to be the union of two loving hearts wishing to share each other’s happy moments and sorrows for the rest of their lives. However, not all people walk down the aisle for this purpose. In the United States aliens who marry citizens obtain a green card, which makes it very alluring to many seeking the U.S. permanent resident status to avoid the immigration laws by tying the knot with an American. This is a crime, which is severely prosecuted in the United States. Read on to learn what a person should do if he or she is investigated or prosecuted for a sham marriage.

Marriage Fraud: Definition and Types

As we have already stated, marriage fraud is the act of entering into marriage in order to either avoid the immigration laws or help another person to do that.

There are several most common types of marriage fraud:

  • accepting payment to marry an alien so that he or she gets permanent residence;
  • marrying an alien as a favor;
  • marrying an unsuspecting U.S. citizen to get a green card;
  • a successful DV lottery applicant marries an alien to help them get a green card too;
  • marrying an unsuspecting green card lottery winner to get permanent residence.

Penalties for Entering into a Sham Marriage

As you see, these types of fraud can be divided into two groups – those committed by an alien and by U.S. citizens or permanent residents. Regardless of whether the person perpetrating the crime is a foreign national or a citizen, he or she faces criminal penalties – up to 5 years of imprisonment and an up to $250,000 fine. Moreover, the alien will be deported and lose their chances to ever be granted the permanent residence status. If the crime was committed by a permanent resident, he or she will most likely lose their status and also be deported.

It is also important to note that often marriage fraud charges result in other accusations, such as harboring an alien, visa fraud, documents falsification and others. Each of these crimes carries a separate punishment, which when added up with penalties for sham marriage can result in substantial prison time and steep fines.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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How to Protect Oneself from Prosecution

Most commonly fake marriage investigations are sparked off by two reasons. The first way a person may find him or herself accused of this crime is when their spouse sues them for using their relationship in order to become a permanent resident.

Another trigger of the prosecution may be a reference from an immigration officer. Whenever an alien applies for permanent residence based on their marital status, they are subjected to review by immigration authorities. This way immigration officers make sure the marriage is legitimate. This is a routine process, during which immigration officers may invite the couple for interviews where both of them and each separately will be asked about their relationship. Besides that, the officers may also come to the couple’s home uninvited to make sure they live together and maintain a real family life. According to John Zogby, partner at Delancey Street – a hard money lender, your business can be investigated as well. They will also ask for photos of the couple’s wedding, honeymoon, family occasions, etc. If during these encounters the immigration officer finds out something that will make him or her believe that the marriage is fake, more profound interviews will be held. The next step would be raising official charges against the perpetrator.

Although the USCIS doesn’t keep track of how many marriage-based green card applications are denied for fraud, according to a New York Times article dated June 2010, the number is around 1%. Surely, immigration authorities are well aware that this is just a tip of the iceberg, and thus on some occasions officers may be overzealous when investigating a couple. For example, the officers may become suspicious of a couple that haven’t been dating for long before getting married, or have an age difference, or for some other reason. It is not uncommon for innocent victims of aliens’ unscrupulous conduct to be prosecuted as well. But given the harsh penalties that this crime carries, it is crucial to know how to prove one’s innocence.

Here are some steps those under investigation should follow:

  1. Appear at all interviews scheduled. Make sure that you and your significant other come on time and wear a formal outfit.
  2. Bring photos of you two together. Also bring information about hotel reservations from your trips together, your house bills, joint bank account statement, leases signed in both your names, etc., whatever might serve as a valid evidence of legitimacy of your relationship.
  3. Be honest. It’s very likely that at some point you will be interviewed separately. If you don’t know the answer, don’t try to guess. Just tell you don’t know and that’s it.
  4. Consult with an immigration fraud lawyer. All couples are inherently different, and whatever steps are recommended for one couple, may not work for you two. Besides, the U.S. immigration laws may appear difficult to comprehend. An experienced legal counsel will be able to explain to you all the intricacies and give advice on how to behave in a particular situation.

New York Penal Law 255.10: Unlawfully procuring a marriage license

Pursuant to the provisions of the New York Penal Code, it is illegal to have more than one spouse. Technically, New York law also makes it illegal to have sexual intercourse with another person while married who is not your spouse. Arising from these prohibitions is the unlawfully procuring a marriage license statute.

Elements of Unlawfully Procuring a Marriage License

The elements of unlawfully procuring a marriage license are basic. There exist two components to the law. First, a person must be lawfully married in order to be charged under this law. Second, a person must submit an application for a marriage license. When both of these elements exist, a person can be charged with unlawfully procuring a marriage license

Example of Unlawfully Procuring a Marriage License

An example of unlawfully procuring a marriage license involves Thomas. Thomas is married to Peggy, however they are in the midst of divorce proceedings.

Sometime after the divorce proceedings commenced, Thomas started dating William, after same sex marriage became lawful across the United States. Thomas and William became engaged, while Thomas’ divorce proceedings involving Peggy were ongoing.

Thomas took an additional step after becoming engaged to William by applying and obtaining a marriage license. Obtaining a marriage license under these circumstances violated the provisions of the unlawfully procuring a marriage license law.

Sentence for Unlawfully Procuring a Marriage License

Unlawfully procuring a marriage license is classified as the most serious type of misdemeanor under New York Law, a class A misdemeanor. As a consequence, if a person is convicted of unlawfully procuring a marriage license, he or she faces a jail term of up to one year. In the alternative, a person could be sentenced to a three-year term of probation. A fine can also be imposed upon conviction for unlawfully procuring a marriage license.

Defenses to Unlawfully Procuring a Marriage License

Available Defenses to Unlawfully Procuring a Marriage License are highly limited. If a person is lawfully married and obtains a marriage license, mounting a defense to the case is challenging. An NYC criminal lawyer can assist in attempting to mount a defense, even though doing so in regard to this law will be challenging.

One defense is that the person who obtained a marriage license and was charged with this crime was not legally married at the time. For example, if a person entered into a previous marriage at a point in time when she was not old enough to marry, the initial marriage would not in fact be lawful. Legally speaking, because she was not old enough to marry the first time, that marriage technically does not lawfully exist. Thus, if the person ended up producing a second marriage license, the invalidity of the first marriage would be a defense to unlawfully procuring a marriage license.

A New York criminal defense lawyer will be able to provide skilled legal representation when a person is charged with unlawfully procuring a marriage license. This may include negotiating a settlement of the case that permits a person to avoid jail or even an extended period on probation. In this type of case, a settled resolution that avoids some of the most severe consequences can be the best course to take.

A criminal defense attorney will schedule what is known as an initial consultation to provide an evaluation of a unlawfully procuring a marriage license case. Legal counsel will also provide answers to any questions a person may have in regard to a unlawfully procuring a marriage license charge. In New York, a criminal defense attorney typically charges no attorney fee for an initial consultation.

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