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The United States is one of the most desirable countries for immigrants all over the globe to start a fresh new life. Millions of immigrants around the world want a U.S. green card and are willing to risk a lot to get one. One of the more common ways to qualify for a green card, or a permit to reside and work in the U.S. long term, is to marry a U.S. citizen (USC) or Cuban Lawful Permanent Resident (LPR).
It may be tempting to try to help someone enter the U.S. (and make a quick buck) by simply marrying them at the courthouse and going your separate ways; however, marriage Fraud Defense is actually a very serious crime with consequences for both the immigrant and the USC or LPR. For the immigrant, if USCIS finds you as having committed Marriage Fraud Defense, or violating INA 204(C), they will be barred from adjusting their status by any other means indefinitely. For the USC or LPR, they could face serious fines of up to $250,000.00 and 5 years in prison. Sometimes, the couple actually did commit Fraud Defense, and other times, the couple was legitimate but simply did not do well at their Stokes Immigration Interview, and the government erroneously accused them of marriage fraud. At Immigration Lawyers USA, we have worked with countless individuals, helping them to overcome erroneous marriage fraud charges, and we may be able to help you, too. Contact our Miami Marriage Fraud Defense Lawyers to get the personalized representation you need.
Our attorneys have over 10 years of experience in Federal Immigration Marriage Fraud Defense cases providing one-on-one service to clients.
What is Marriage Fraud?
Marriage Fraud is a marriage that was entered into without intent to build a life with the person. It can come in various forms, including
- An exchange of money to enter the marriage
- An exchange of goods to enter the marriage
- “Mail order” spouses
- Visa fraud
- The immigrant defrauds the USC or LPR in order to get the green card
What is a Marriage Fraud Defense Lawyer?
A Marriage Fraud Defense lawyer is a lawyer that specializes in Federal immigration marriage Fraud Defense or 204(C) cases. A lawyer is extremely necessary as Marriage Fraud Defense is a serious crime and you and your spouse may both be facing prison time and fines, and the non-naturalized spouse could be deported back to their home country and indefinitely barred from adjusting their status by another means. In order to protect yourself, you need to contact a Miami marriage Fraud Defense attorney from Immigration Lawyers USA.
What is the Process to Defend a Marriage Fraud Defense Case?
Let's walk through the process of how a marriage fraud immigration lawyer would defend their client:
1) Hire a Lawyer
The first step is to find the right lawyer. The best option is to search for Marriage Fraud Defense lawyers near you who have positive reviews on various platforms online, and then schedule a consultation to speak with that lawyer. Marriage Fraud Defense lawyers are NOT all the same, and even if they say they are offering the same service, the quality of what you get at the “cheapest” law firm will not be the same as what you can get at an experienced Marriage Fraud Defense lawyer’s office, who also has positive reviews by previous clients and has achieved results in cases like yours. Spend some time researching, and once you have found the marriage Fraud Defense lawyer with the best reviews who has the experience to help you with your case, go ahead and schedule a consultation with them. Most Marriage Fraud Defense lawyers charge a fee for the consultation, but ask them if they are able to apply this fee towards your case.
At the consultation, the Marriage Fraud Defense lawyer will review your denial or Notice of Intent to Deny letter, discuss the facts of your case, and go over the cost and the evidence you will need in your case. In some cases, your Marriage Fraud Defense lawyer will recommend you and your spouse get a polygraph test taken to prove you are telling the truth about your marriage. An experienced Fraud Defense lawyer will walk you through the complex case to make sure you have everything you need to start the Marriage Fraud Defense Defense process and tell you honestly what your chances for an approval are.
2) Bring Correct Paperwork to Lawyer
Once you hire the Marriage Fraud Defense lawyer, he or she will send you a checklist of evidence that they need you to gather to send them. You will probably need a sworn statement with your spouse, which must be prepared by a skilled marriage Fraud Defense lawyer. Your Miami Marriage Fraud Defense lawyer will give you a date to bring this evidence or send it back to him or her, and keep in mind any appeal or evidence deadlines! Keep in mind that if your case is in immigration court or before USCIS there are strict filing deadlines that you CANNOT miss in order for your case to be considered.
3) What for a Decision on Your Case
In most cases, a Marriage Fraud Defense defense case takes place purely through paperwork. That means that once you have submitted all of your evidence to the lawyer, you need to wait for a decision to arrive by mail. In some instances, a Marriage Fraud Defense couple could be scheduled for a second (or third) interview to clear up any issues; but most of the time, a decision is issued without the need for another interview. However, once your case has been flagged for Fraud Defense, you should expect that wait times for your case will be double to triple what a typical case is. This is because the Field Office Supervisor must review and sign on your case, which is tough because your file is likely very large and the supervisors are very busy.
4) File USCIS Service Claims on your case until you get a decision
Many times, USCIS falls far outside of normal processing times when dealing with marriage Fraud Defense cases. But the extra time waiting can be reduced by having your attorney send regular Service Claims on your case once it is outside of normal processing times. A good Marriage Fraud Defense lawyer will schedule when it is time to send a claim on your case to remind the government to complete the adjudication of your case.
How Can a Marriage Fraud Defense Lawyer Help?
A Marriage Fraud Defense lawyer can help you avoid a serious criminal charge or accusation of a fraudulent marriage, which can get you referred to immigration court proceedings for deportation and also bar you from ever adjusting your status by another legitimate way. Many people thing that marriage Fraud Defense is the easy way out, but the government is very wise at detecting marriage Fraud Defense these days, and if you are caught, the consequences are dire. A skilled Marriage Fraud Defense lawyer can help you come up with the evidence you need, including strong sworn statements to counter and explain any discrepancies at the interview, and make the legal arguments that can mean the difference in you getting deported or getting a green card.
Hire the Top Marriage Fraud Immigration Lawyers in Miami, Florida!
Now that you know why having an experienced Marriage Fraud immigration attorney is necessary, it’s time to hire one at Immigration Lawyers USA in Miami, Florida! We have some of the best Marriage Fraud immigration lawyers in Miami, Florida and in the United States. We're highly experienced in defending against 204(C) or Marriage Fraud Defense, and we will fight hard to make your case as strong as possible with our close attention to detail and our over 10 years of experience. If you're looking for a firm with great reviews that can guide you through the process, give Immigration Lawyers USA a call at 305-501-0783 or schedule a consultation today!