Legal Question in Immigration Law in California

Re: Consequences of fraudulent marriage to illegal alien

The consequences for entering a sham marriage to circumvent immigration laws are strict.

The federal laws that you can be convicted on are:

a. Visa fraud. 18 U.S.C. �1546.

b. False statement. 18 U.S.C. �1001

c. Conspiracy. 18 U.S.C. �371

d. Marriage fraud. INA �275(c); 8 U.S.C. �1325(c). 5 years + $250,000 fine. U.S. v. Vickerage, 921 F.2d 143 (8th Cir. 1990) [Upheld conviction where parties knew each other, had sex before and after marriage, but marriage was one of convenience]. A conviction requires proof that the defendant knew his conduct was unlawful, but not the specific law violated. U.S. v. Chowdhury, 169 F.3d 402, 406-07 (6th Cir. 1999) [Relying on S.Ct. decision on willful in Bryan v. U.S. 524 U.S. 184 (1998)].

Although I am not specialized in criminal law I do know of instances where a US Citizen has been convicted and imprisoned for entering a sham marriage so their "spouse" could circumvent immigration law.

Re: Consequences of fraudulent marriage to illegal alien

Entering into a marriage to procure immigration benefits is considered a sham marriage and is illegal. There are severe penalties for participating in such a venture and I do not recommend that your friend engage in such a venture at all!

She could be fined and/or imprisoned. Hope this helps her in making the right decision...