NYC Immigration Fraud Lawyer

What is Immigration Fraud? 

There are a number of federal statutes that make it a crime to engage in acts related to the immigration process.  One of the most frequently used by prosecutors pertains to fraud and misuse of visas, permits, and other documents associated with immigration processing. 

A person may be charged under this statute when he or she knowingly forges, counterfeits, alters or falsely makes any visa, permit, border crossing card, alien registration card or other immigration documents for entry into or as evidence of authorized stay or employment in the United States, or knowingly uses, possesses or receives any such fraudulent document for the purpose of entry into or as evidence of authorized stay or employment in the United States or knowing that such document was procured by means of a false claim or statement or otherwise procure by fraud or unlawfully obtained; or when applying for such documents, pretends to be another person or falsely appears in the name of a deceased person, or attempts to evade the immigration laws by appearing under an assumed name without disclosing his or her true identity, or sells any such document to another person;  or knowingly makes under oath or penalty of perjury any false statement of material fact in connection with any application or affidavit or other document in connection with the immigration process. 

A person may also be charged with immigration fraud in New York under this provision of law when he or she uses an identification document knowing or having reason to know that the document: was not issued lawfully for the use of the possessor,  is false, or is a false attestation, for the purpose of demonstrating that a person is authorized to work in the United States. 

With respect to immigration fraud premised upon allegations of marriage fraud, another federal statute applies.  Under this provision of law, a person may be charged with improper entry by an alien, when he or she knowingly enters into a marriage for the sole purpose of evading any provision of the immigration laws and regulations.  Thus, where the government believes they can demonstrate that a non-citizen was married “for the purpose” of obtaining lawful permanent resident status rather than for reasons commonly accepted as grounds for marriage, one may be prosecuted for immigration fraud. Immigration investigators suspecting a non-bonafide marriage often require that couples claiming to be married provide documentary “proof” that the parties cohabit, are romantically involved, or show other indicia that their marriage is legitimate.  

Under this same statute governing improper entry into the United States by an alien, a person may be charged with “immigration-related entrepreneurship fraud” when he or she knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws.

One may be charged with another form of immigration fraud in New York when they knowingly and willfully fail to disclose or they conceal the fact that they have, for a fee or other payment, prepared or assisted in the preparation of an application to immigration authorities which is falsely made. 

Significantly,  in most cases where charges of immigration fraud are brought, the government will also charge additional crimes premised upon the manner in which the immigration fraud was committed such as conspiracy, mail fraud, wire fraud, or making false statements.   These separate crimes make the representation of those accused of immigration offenses a more complex matter. Luckily, an experienced NYC immigration fraud attorney will be able to help you navigate these legal waters and achieve the optimal outcome for your case.      

Types of Federal Immigration Fraud

Some examples of conduct prosecuted under the umbrella of federal immigration fraud are as follows:  lying on any immigration form or application; using a false identity or document on any immigration form; entering into a fraudulent marriage to benefit either oneself or the spouse; making false statements in connection with any application for a change in immigrant statuses such as a green card application, asylum petition, citizenship application or interview; using a fraudulent immigration document to gain authorization to work; fraudulently representing oneself as qualified to provide immigration-related services or legal advice to immigrants; fraud in connection with the so-called visa lottery system.