Legal Question in Immigration Law in California

My niece married a guys to help him get citizenship. When the went to their 1st interview to determine if the marriage was legit the petition was denied. If immigration comes after her what is her best line of defense? She took a small amount of payment from him $3000.


Asked on 10/21/09, 1:03 am

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

Immigration marriage fraud is a serious federal crime punishable by up to 5 years in prison and $250,000 fine.

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Answered on 10/21/09, 1:28 am
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

There is no defense to fraud itself except if it were not fraud. That's not to say she's required to admit it. The government would have to prove it's case beyond a reasonable doubt and she has the right to remain silent. She might plead to a lesser charge. It doesn't matter that she only accepted a small amount of money. She could have accepted zero money and it could still have been fraud, but payment surely shows evidence of fraud.

She needs to hire as good a criminal lawyer as she can possibly afford. Depending where you're located, I might be able to make a referral. Feel free to contact me offline at 818 609 1953 or [email protected]. My expertise is in immigration. In her case, this would be criminal and that's the kind of lawyer she needs.

Sincerely,

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Answered on 10/21/09, 3:48 am


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