Thursday, June 24, 2010

Immigration and Fraud Marriages

The great desire to come to America leads hopeful immigrants to loose their sense of integrity. Many Immigrants fall into the temptation for an "easy greencard" without thinking the risks that they are running. One popular route to an "easy greengard" is a bogus marriage. Bogus marriages are illegal  and the government is very aware of what to look for in a "bogus marriage".

Cases
-In Chicago an immigration fraud ringleader who conspired to arrange bogus marriages by pairing U.S. citizens and illegal aliens was sentenced in federal court to three years in prison. The sentence resulted from an investigation conducted by U.S. Immigration and Customs Enforcement (ICE).

-Jeremy Starnes, 32, of Chicago, was sentenced by U.S. District Judge Wayne Anderson to 37 months in prison and three years supervised release for conspiring to commit marriage fraud to circumvent U.S. immigration laws.

-Starnes pleaded guilty Sept. 19 to conspiring with others to arrange sham marriages between nine U.S. citizens and nine Eastern European foreign nationals. He admitted recruiting U.S. citizens by promising them $5,000 to enter into fraudulent marriages with foreign nationals. These sham marriages enabled the foreign nationals to illegally receive U.S. permanent residence and obtain what are commonly known as "green cards." Starnes promised to pay the U.S. citizens the $5,000 in installments over the time period beginning on the day of the marriage and ending at the time the foreign national received a green card.

-Several former and current Cook County Traffic Court employees were among those charged in allegedly arranging sham marriages to evade U.S. immigration laws.

- A formerly [sic] of Chicago and a one time traffic court worker. She allegedly doubled as a fake wedding planner who helped recent immigrants become legal residents, possibly shaving years off the typical wait for citizenship, according to the Chicago Sun Times.

- A YORKSHIRE woman who was tricked into marrying her Gambian boyfriend so he could stay in the UK has spoken of her ordeal after he was jailed for four years and three months for a string of con tricks

- According to the indictment, Cruz and others recruited U.S. citizens and foreign nationals, primarily Filipinos, who entered into at least 15 sham marriages to evade immigration laws.

 Consequences
-U.S. Immigration (USCIS) can punish this with a $250,000 fine and five-year prison sentence.
-  Both parties get the punishment.

-Other immigration fraud counts in the indictment carry a maximum penalty of 10 years in prison and a $250,000 fine.

What is  Sham Marriage
-A sham marriage is not valid for immigration purposes. Usually, the parties of a sham marriage do not intend to enter into a bona fide marriage, reside together, or remain behaving as a true husband-wife relationship would. The sole purpose of the sham marriage is to enjoy immigration benefits or evade immigration restrictions

-Usually only the couple of a marriage themselves know the intention of their marriage. However, the USCIS will try to interpret the true intention of the marriage when the immigration officers are reviewing immigration petitions. The USCIS always takes into account the following factors while making their interpretation

The Cost of Sham Marriages
-The "husbands" were allegedly paid $3,000 up front and then $300 a month to marry the brides.

Sources
1. http://www.ice.gov/pi/news/newsreleases/articles/080131chicago.htm

2. http://www.hooyou.com/marriage/notimmigration.html

3. http://www.yorkshirepost.co.uk/news/Jail-for-conman-who-tricked.6026059.jp

4. http://blogs.findlaw.com/blotter/2009/11/immigration-fraud-10-indicted-in-sham-marriage-scheme.html

Information by: Nancy Gonzalez

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