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BROKER INVESTIGATION DEFENSE LAWYERS
NYC Immigration Fraud Defense Lawyers
Look, the Q train stalled nine minutes this morning, my espresso tasted burnt, a client’s all‑caps text buzzed again—and even before 08:00 I was drafting motions, that’s a normal Thursday here.
Anyway, you clicked because someone, maybe a quiet FDNS officer, maybe a boom‑voiced ICE agent, thinks your visa paperwork reads like fiction, tiny errors hide huge stakes, and the clock started 04/19/25, not tomorrow.
FIVE MINUTES, ONE BAD FORM, LIFE CHANGES
File Form I‑485 with a typo, DHS flags inconsistency, detention happens.
Tell CBP a half‑truth at JFK, they punch 8 U.S.C. §1182(a)(6)(C)(i) into the system, you face a lifetime misrepresentation ban.
That is immigration fraud, the consequence: removal, up to ten years in prison, six‑figure fines, career death.
Spodek Law Group knows the pattern, we upset it.
What Counts, Really Counts
- Marriage Fraud — 8 U.S.C. §1325(c) says a sham wedding equals felony; prison to 5 years, USCIS yanks conditional green card, future filings poisoned.
- Visa Document Fraud — 18 U.S.C. §1546 targets forged stamps, altered I‑94s, penalties soar to 25 years if terrorism talk slips in.
- Asylum Fabrication — False persecution tales break EOIR trust, bar to asylum, CAT, withholding, plus perjury counts.
- Labor Certification Schemes — DOL audits, 20 C.F.R. Part 656, restitution to every underpaid worker, corporate officers indicted.
- Identity‑Switch Passports — THIS IS YOUR FREEDOM TALKING, use another name, 18 U.S.C. §1028A tacks on mandatory 24 months consecutive.
I paused, thought about last week, we beat a Form I‑9 falsification case because ICE logged property chain late, one hour late, chain breaks, evidence crumbles, client walked out of Varick Street the same evening.
Statutes, Agencies, Players
DHS pulls the strings, but DOJ swings the hammer.
Primary federal tools include:
- 18 U.S.C. §1546 (visa, permit, green card fraud) → up to 10 years, more with terrorism or narcotics overlay.
- 18 U.S.C. §371 (conspiracy) → 5 years, one overt act enough.
- 18 U.S.C. §1001 (false statements) → 5 years, plus guideline bump if it obstructs agency function.
- 8 U.S.C. §1324c (document fraud) → civil fines to $5,000 per violation, then ICE referral.
Agencies overlap, trip over each other, then blame you.
CBP grabs you at the bridge, ICE runs detention, USCIS cancels benefits, FDNS digs your Instagram from 2014, SDNY prosecutes, EOIR judges deport, risk multiplies.
Federal Court vs. State Court—Imperfect Table On Purpose
| Federal Court | New York State Court | |
| Statute Lens | 18 U.S.C. §1546 Guidelines grip | Penal Law §175 less rigid |
| Custody Risk | ICE detainer, mandatory deportation hold | No ICE hold, county jail |
| Discovery Pace | Voluminous, digital 2+ TB common | Paper heavy, slower |
| Sentencing Wiggle | Narrow grid | wider room |
Sure, a table can’t show every nuance, but it snaps focus—federal means swift plea pressure, higher guideline offense levels, harsher supervised release terms.
WHY PROSECUTORS LOVE THE “INTENT” HOOK
They argue you intended to mislead.
We dismantle that narrative, step by step.
Sometimes intention never existed, sometimes paperwork error grew from a translator’s rush, sometimes cultural naming customs confuse officers—our cross‑examination exposes that gap, jurors feel the doubt, acquittal pops.
Spodek Law Group Defense Toolkit
- Motion to Dismiss Defective Indictment — if charge tracks 18 U.S.C. §1546 but indictment skips “knowingly,” we attack, judge trims counts.
- Suppress Search & Seizure — agents copied iCloud without warrant, Fourth Amendment wins.
- Challenge Materiality — minor mis‑spell of middle name? not material, we cite Maslenjak v. United States.
- Forensic Linguistics Experts — show translation glitches, jury hears neutrality, threat diffuses.
- Plea Leverage
‑ threaten Rule 15 depositions of consular staff, USAO re‑calculates risk.
‑ creative “sign & staple” agreements: misdemeanor false statement, no fraud tag, immigration safe harbor. - Trial Posture, unpredictable: some days we drag every lab tech to the stand, other days we rest after cross on page one, confusion works.
Clients ask, “Can you guarantee dismissal?” No firm can guarantee dismissal, actually, we can guarantee something else: relentless fight, we work past midnight, my phone pinged 02:17 yesterday, we answered.
COLLATERAL DAMAGE, OFTEN IGNORED
Immigration fraud conviction fires off dominoes, professional licenses vanish, financial aid evaporates, family petitions stall a decade.
A single count under 18 U.S.C. §1546 triggers INA §237(a)(3)(B)(iii), label: “crime involving document fraud,” removal mandatory, no 212(h) waiver, life in legal exile.
The the biggest hidden cost—CBP will stamp you “fraud alert” forever, every airport secondary search stretches four hours, children watch, trauma cements.
Risk‑Free Consultation—How It Works
One call to 888‑997‑5177, we block ninety minutes, yes ninety, because good intake needs space, we examine charging document, passport file, FOIA releases, catch the micro errors.
If you sign, portal opens, you upload I‑130 chats, wedding photos, payroll logs; we map evidence gaps by sunrise.
CASE SNAPSHOT, NAMES CLIPPED
June 2024, Queens tech consultant accused of STEM‑OPT pay stubs fraud, ICE claimed fake end‑client letters, guideline range 24‑30 months.
We subpoenaed Slack metadata, proved real supervisor existed, government folded to 5‑year probation, no jail, judge praised transparency.
I wrote the brief while L train crawled under the East River, fingers numb, victory tastes better than that espresso.
COMMON QUESTIONS, BLUNT ANSWERS
- “If I withdraw my application, do charges disappear?” No, DHS keeps copies, intent element stays alive.
- “Can I just leave the USA?” Exit doesn’t kill indictment, Interpol Red Notice possible.
- “Do sealed state convictions matter?” Yes, immigration view pierces seals, prosecutors argue pattern.
- “Public defender or private?” Public defenders work hard, workload brutal, federal fraud complex, choose resources wisely.
TAKE BACK LEVERAGE NOW
CALL US BEFORE THE AGENTS CALL YOU
- Dial 888‑997‑5177 — human answers, day or night.
- Email info@spodeklawgroup.com — encrypted intake link follows.
- Office meetings Midtown — or Zoom at 03:00 if you sit in Dubai, we adapt.
- Risk‑free consultation, flat‑fee or hybrid plans, transparent, no surprise invoices.
Spodek Law Group, nationwide federal defense, NYC roots, Todd Spodek leads, we litigate, negotiate, win, repeat.
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Call 888‑997‑5177 — we answer 24/7, defense starts the moment you say hello.