The federal government claims sole authority over immigration policy in the United States, meaning that the 50 states have little or no involvement in enforcing immigration laws other than to collaborate with or obey federal commands.
As a result, when immigration laws are breached and the violation turns into a criminal offense, the case is brought in federal court. Contact Chambers Law Firm at 714-760-4088 for a free legal consultation if you are facing these accusations.
At the federal level, there are a variety of immigration offenses
The term “immigration fraud” refers to a wide range of dishonest immigration procedures. For example, manipulating immigration documentation to gain entry into the United States, faking a marriage for immigration purposes, providing someone with inappropriate immigration services, and migrant smuggling are all examples of illegal immigration.
Aliens entering the country illegally
Any immigrant who enters the United States without authorization, eludes immigration officials, or enters or attempts to enter the nation by making false claims or presenting fake papers is guilty of a federal criminal.
A first breach of this section carries a maximum punishment of six months in federal prison. Unauthorized entry offenses two and above, on the other hand, can result in up to two years in federal prison.
Marriages that are forged
One of the most common types of immigration fraud is marriage fraud. It is described as when a non-citizen enters the United States solely to circumvent immigration regulations and get a green card through a forged marriage.
Federal officials inspect anybody suspected of marriage fraud on a regular basis, which may involve visits to their home, demands for genuine papers, or interviews to prove that they breached federal law.
Commercial sector fraud
Under this section, anybody who starts a criminal enterprise — that is, a business – with the goal of avoiding federal immigration rules commits a felony punishable by up to 5 years in federal prison. This provision is directed against anyone who makes a living by assisting others in committing immigration fraud or other similar offenses.
Obtaining citizenship by deception
This refers to very particular types of immigration fraud, such as the purchase of immigration documents and perks that allow someone to stay in the US for a lengthy period of time. The defendant must have obtained, or attempted to obtain, another person’s naturalization or citizenship, as well as documentary or other evidence of that person’s naturalization or citizenship.
It must also be proven that the defendant knowingly issued, obtained, applied for, or otherwise sought naturalization, citizenship, or other immigration-related documents on behalf of someone who was not eligible.
A first or second offense carries a maximum sentence of 18 years in federal prison. A third or subsequent breach can result in a jail sentence of up to 15 years. If certain aggravating circumstances exist, the maximum sentence may be enhanced.
If the immigration fraud was used to support a drugs trafficking conviction, the offender could face up to 20 years in federal prison. If the fraud was used to aid international terrorism, the maximum penalty is 25 years in federal prison.
Get help from an attorney today
It’s critical to recognize that if you’re accused of committing immigration fraud, the federal government will prosecute you. You’ll need an immigration fraud defense lawyer early on in your case to put together a strategy on your behalf. Chambers Law Firm might be that lawyer. Request a free legal consultation by calling 714-760-4088 right now.
