Immigration Fraud Attorney in Miami, FL
It is critical to consult with an experienced Miami criminal immigration attorney as soon as possible if you or a loved one has been arrested or are under investigation for immigration fraud. Whether you face charges for marriage fraud, visa fraud, passport fraud, or other immigration fraud offenses, an experienced federal defense attorney can ensure that your rights are protected and help maximize your chances of achieving a favorable outcome.
Different Types of Immigration Fraud
Immigration fraud is when a person makes false representations to obtain an immigration benefit that they otherwise would not qualify for. Fraud can arise in many ways, and different statutes apply to different situations.
Immigration Marriage Fraud
Marriage fraud is perhaps the most widespread immigration fraud offense. According to 8 U.S.C. § 1325(c), marriage fraud is committed by a person who knowingly gets married to evade immigration laws. If you are convicted of marriage fraud, you can face a maximum punishment of five (5) years in federal prison and a fine.
Immigration Visa Fraud and False Documents
Fabricating or falsifying visas, permits, and other immigration-related documents, as well as knowingly using fake identification documents and making a false attestation (falsely swearing under oath), is illegal under 18 U.S.C. § 1546. If you are convicted of this type of immigration visa fraud, you can face a prison sentence of 10 to 25 years and be subject to a fine.
Immigration Passport Fraud
8 U.S.C. § 1542 makes it a crime to willfully and knowingly make a false statement on a passport application or to use or attempt to use a passport secured by a false statement. If you are convicted of passport fraud, you can face a fine and a maximum sentence of 10 to 25 years imprisonment, depending on the circumstances of your case and the exact charge.
False Claim of U.S. Citizenship
Under 18 U.S.C. § 911, anyone who falsely and willfully claims to be a U.S. citizen may be fined and imprisoned for up to three years.
Procurement of Citizenship or Naturalization Unlawfully
It is a felony under 18 U.S.C. § 1425 to knowingly procure or attempt to procure, contrary to law, anyone's naturalization. Penalties for this offense can include a fine and a maximum prison sentence of 10 to 25 years.
Defenses to Immigration Fraud Offenses
Possible defenses to immigration fraud can include that:
- You have the necessary and proper documents which relate to the immigration issue
- You were unaware that what you did was a criminal act
- There was no ill-intent or malicious intent on your part to commit immigration fraud
- You were not trying to evade immigration law by marrying, and your marriage is valid and legal
- Although you committed immigration fraud, you committed it under duress (forced or threatened)
- The Government obtained evidence against you in an illegal search and seizure
- There is not enough evidence for the prosecution to prove that you are guilty beyond a reasonable doubt
- The police or other law enforcement agency induced you to commit the crime, which you otherwise wouldn't have committed
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Contact an Experienced Immigration Fraud Attorney in Miami
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