The 50 states have little or no responsibility for enforcing immigration laws outside of cooperating with or adhering to federal orders because the federal government asserts exclusive control over immigration policy in the United States.
Because of this, when immigration laws are disobeyed and the transgression turns into a crime, it is brought up in federal court. For a free legal consultation if you are facing these charges, call Chambers Law Firm at 714-760-4088.
Immigration offenses are a federal offense
The term “immigration fraud” is broad and includes a number of immigration procedures. Providing someone with incorrect immigration services, creating a false marriage for immigration purposes, faking immigration documents in order to enter the United States, and migrant smuggling are a few instances.
Illegal alien entry
Any alien who enters the country without authorization, evades immigration officials, or enters or attempts to enter the country by making false claims or presenting fake documents is guilty of a federal felony. An alien is legally defined as someone who does not have the legal right to be in the country.
A first offense under this section carries a maximum punishment of six months in federal prison. On the other hand, second and subsequent unauthorized entry offenses are punishable by up to two years in federal prison.
Fraudulent marriage for immigration purposes
One of the most common types of immigration fraud is marriage fraud. It is described as when a foreign national enters the country with the sole purpose of evading immigration controls and obtaining a green card through a fictitious marriage.
The federal government routinely investigates anyone suspected of engaging in marriage fraud, which may involve going to their home, requesting supporting documentation, or conducting interviews to prove they broke the law.
Commercial fraud
This provision makes it a felony, punishable by up to 5 years in federal prison, to establish a criminal enterprise, i.e., a business, for the purpose of evading federal immigration laws. Anyone who establishes a business by aiding others in committing immigration fraud or other offenses relating to immigration is the target of this provision.
Fraudulent citizenship application
This refers to a very specific type of immigration fraud, such as the purchase of immigration documents and other perks that prolong a person’s stay in the United States. The defendant must have done so with the aim to obtain the naturalization or citizenship of another individual, as well as any supporting documents or other documentation.
Furthermore, it must be proven that the defendant knowingly issued, obtained, applied for, or otherwise attempted to obtain citizenship, naturalization, or other immigration-related documents on behalf of a person who was ineligible for them.
A federal jail sentence of up to 18 years is imposed for a first or second offense. A maximum of 15 years in jail may be assessed for a third or subsequent offense. If certain aggravating circumstances exist, the maximum punishment might be enhanced.
For instance, if the immigration fraud was committed in order to support a drug trafficking violation, the offender may receive up to 20 years in federal prison. If the fraud was used to support international terrorism, the maximum punishment is 25 years in federal prison.
Federal immigration crime accusations must be resisted
An important line of defense for those accused of immigration fraud is the absence of fraudulent intent. It is quite likely that a defendant may assert a truth that can be proven to be untrue when navigating the challenging immigration and naturalization process.
The government would still have to prove that the false statement was made intentionally and with the aim to deceive the government through immigration officials, even if it had a major impact on eligibility for immigration benefits. Immigration fraud shall not be considered if the defendant can demonstrate that the fraudulent statement was made unintentionally or as a result of misreading the question.
You must be aware that the federal government will bring legal action against you if you are accused of committing immigration fraud. You’ll require an immigration fraud defense attorney to formulate a strategy on your behalf early in the course of your case. Chambers Law Firm might be that lawyer. To get a free legal consultation, contact us right away at 714-760-4088.
