At Zavala Immigration, we usually get asked: “If I get married just to get citizenship can they find out and deny me?”
Yes, in the United States, immigration authorities are particularly vigilant about detecting marriages that are entered into for the sole purpose of obtaining legal residency or citizenship, often referred to as “marriage fraud.” Fraudulent marriages for immigration purposes are treated as a serious offense across the United States, including Texas. Given Texas’s significant immigrant population and its extensive border with Mexico, the state is a major focus for U.S. immigration authorities, including the U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS). These agencies are vigilant in detecting and acting against marriage fraud, which is considered a violation of federal law, regardless of the state in which the marriage takes place..
How USCIS Might Find Out
The methods used by USCIS and other federal agencies to detect marriage fraud in Texas are consistent with those used nationwide. These can include:
- Interviews: Couples may undergo interviews where they are asked detailed and sometimes personal questions about their relationship and life together. These interviews can be conducted jointly or separately. Inconsistencies or inability to answer questions about one another can raise suspicions.
- Documentation: Applicants are required to submit extensive documentation proving the legitimacy of their marriage. This can include joint bank statements, lease or mortgage documents, insurance policies, photographs, and any other evidence of a shared life. Lack of sufficient documentation or evidence that does not seem genuine can trigger further scrutiny.
- Investigations: In cases where there is doubt about the validity of the marriage, USCIS might conduct further investigations. This could include visits to the couple’s home, interviews with friends and relatives, and checking social media accounts for evidence of a genuine relationship.
- Social Media and Public Records: The authorities may also review social media profiles and public records to cross-check the information provided by the couple and to look for evidence that supports or contradicts their claim of a bona fide marriage.
Consequences of Marriage Fraud
The consequences of engaging in a fraudulent marriage for immigration purposes are severe and include:
- Denial of Application: If a marriage is found to be fraudulent, any applications based on that marriage, such as those for adjustment of status (to obtain a Green Card), will be denied.
- Deportation: The non-citizen spouse can be placed into removal proceedings and ultimately deported from the U.S. Additionally, a ban could be placed on their re-entry for several years or permanently.
- Criminal Charges: Marriage fraud is a federal offense in the United States. Individuals found guilty can face fines and up to five years in prison. This applies to both the U.S. citizen (or permanent resident) and the non-citizen spouse.
- Permanent Record: A finding of marriage fraud can have long-lasting effects on future immigration applications, making it difficult or impossible for the non-citizen spouse to obtain a visa, permanent residency, or citizenship in the future.
Given the severe consequences and the complexity of immigration law, individuals in Texas who are accused of or concerned about being suspected of marriage fraud should seek competent legal advice. Immigration lawyers familiar with the Texas legal environment can provide crucial guidance, represent individuals in proceedings, and help navigate the federal immigration system. Discussing your scenario with Houston immigration lawyers at the Zavala Immigration Law Firm can provide you with crucial legal guidance and support. Their team of experienced attorneys specializes in navigating the complex landscape of U.S. immigration law. They can offer personalized advice tailored to your specific circumstances, helping you understand your legal options and the best course of action. Whether you’re facing issues related to marriage-based visas, concerns about marriage fraud investigations, or any other immigration matter, the Zavala Immigration Law Firm can help protect your interests and work towards achieving your immigration goals in compliance with U.S. laws.