Legal Question in Immigration Law in California

Consequences of fraudulent marriage to illegal alien

A friend of mine has decided to go through with a marriage to a guy whose Visa will expire in a few months, so that he can stay in the country. There is no romantic relationship between them at all and they will not even be living together or anything. What are the consequences for her if they get caught? I know most likely he will be deported but it is her that I care about. Thank you.


Asked on 5/25/04, 3:34 pm

2 Answers from Attorneys

Antonio Maldonado Maldonado Myers LLP

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.

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Answered on 5/25/04, 3:59 pm
Neena Bohra Law Offices of Neena Bohra

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...

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Answered on 5/25/04, 6:21 pm


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