Immigration Marriage Fraud Defense Lawyer in NJ

Spousal visas provide strong immigration protections to non-citizens. However, entering a fake or sham marriage for immigration purposes – generally for a fee – is a federal crime. Marriage fraud carries penalties of up to five years imprisonment and $200,000 in fines, but sham marriage charges are highly subjective.

Our federal immigration crimes defense attorney in New Jersey can create a strategy to get charges under 8 U.S.C. § 1325(b) or 18 U.S.C. § 1546(a) dismissed or reduced. We focus on protecting you and your spouse from criminal and immigration fraud consequences.

Interpreting the United States Marriage Fraud Statute

It is unlawful to knowingly enter a marriage to evade deportation or other immigration consequences under 8 U.S.C. § 1325(b). However, this is a specific intent crime. Federal prosecutors must show that you entered the marriage for the primary (or sole) purpose of evading immigration laws and not for another valid reason.

You may get married for immigration purposes, provided the relationship is real. This might include marrying a boyfriend without status to apply for a spousal visa. You may not, however, enter into a sham or “paper only” marriage to help another person avoid immigration consequences.

To find out if a marriage is fraudulent, federal immigration courts examine whether the couple shares a life. This often includes reviewing:

• Residency records
• Social media posts
• Other evidence of cohabitation, such as joint bank accounts, shared children, and marital assets

Courts might also interview friends and family members, review tax records, and consider any pending immigration charges before the marriage. You have the right to dedicated advocacy and to present evidence in your defense if you are accused of a fraudulent marriage by immigration officials and federal prosecutors.

Defenses Against Fake Marriage Charges

Not all relationships last and some couples are charged with marriage fraud if the relationship ends quickly. Just because you’re no longer in a relationship does not mean you’re guilty of an immigration crime. Federal prosecutors must show that the marriage was fake when you entered it.

An experienced marriage fraud defense attorney might help you defeat sham marriage charges by presenting the evidence to the judge and prosecutors, such as:

• Joint bank account statements
• Shared utility bills and rental agreements
• Assets held as tenants by the entirety 
• Photos and videos from social media
• Wedding photos, videos, invitations, and gifts
• Proof of shared children or pets
• Sworn statements from friends and family
• Tax returns
• Divorce settlement agreements
• Evidence of non-payment (no “fee” for marriage)

Federal prosecutors are required to prove, beyond a reasonable doubt, that you entered the marriage for the primary purpose of evading immigration consequences. In such cases, our experienced federal criminal defense lawyer might present sufficient evidence to convince prosecutors to drop all charges against you or reduce the penalties.

Fight Fraudulent Marriage Charges by Retaining a Federal Immigration Crimes Defense Lawyer

If federal authorities believe you’re in a fake marriage, hire federal marriage fraud defense attorney Peter Katz immediately. Retaining criminal defense counsel early allows your legal advocate time to gather evidence and witness statements to prove that your marriage was not fraudulent.

Contact us to schedule a confidential criminal defense consultation and discuss sham marriage charges today.