A Conviction for Federal Immigration Crimes Can Have Permanent, Devastating Consequences – Let Us Help You Fight These Charges
The federal government claims exclusive control over immigration policy in the United States, which means the 50 states have little or no role in implementing immigration laws other than to cooperate with or obey federal directives.
As a result, when immigration rules are broken and the infraction becomes a criminal crime, it is prosecuted in federal court. If you are facing these types of charges, contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
Immigration crimes at the federal level
Immigration fraud is a wide phrase that encompasses a variety of deceptive immigration practices. For instance, falsifying immigration paperwork to obtain entrance into the United State, a fake marriage for immigration purposes, supplying someone with improper immigration services, and migrant smuggling are all examples.
Unlawful entry by alien
Any alien, defined as someone who has no legal authority to be in the United States, is guilty of a federal felony if they enter the United States without authorization, elude immigration authorities, or enter or attempt to enter the country by making false claims or presenting fraudulent papers.
The maximum penalty for a first violation under this clause is 6 months in federal prison. Second and subsequent crimes of unauthorized entrance, on the other hand, can result in up to two years in federal prison.
Marriage fraud is one of the most prevalent kinds of immigration fraud. It is defined as a non-citizen enters the United States with the sole intent of avoiding immigration laws and acquiring a green card through a fake marriage.
Anyone suspected of marriage fraud is regularly examined by the federal authorities, which may include visits to their residence, requests for legitimate paperwork, or interviews in order to establish that they broke federal law.
Fraud in the commercial sector
Anyone who establishes a criminal enterprise – i.e., a business – with the intent of evading federal immigration laws is guilty of a felony punishable by up to 5 years in federal prison under this clause. This clause is aimed at anyone who build a business by helping others in committing immigration fraud or other immigration-related crimes.
Fraudulently obtaining citizenship
This covers extremely specific immigration fraud behavior including the purchase of immigration papers and benefits that allow persons to remain in the United States for an extended period of time. The defendant must have intentionally acquired, or sought to procure, the naturalization or citizenship of another person, as well as documentary or other evidence of that person’s naturalization or citizenship.
It must also be established that the defendant intentionally issued, acquired, applied for, or otherwise sought to gain naturalization, citizenship, or other immigration-related documents on behalf of someone who was not entitled to these advantages.
A first or second violation carries a penalty of up to 18 years in federal prison. A third or subsequent violation carries a penalty of up to 15 years in prison. The maximum punishment might be increased if certain aggravating conditions are present.
For example, the defendant faces up to 20 years in federal prison if the immigration fraud was used to support a narcotics trafficking offense. The maximum penalty is 25 years in federal prison if the fraud was used to assist international terrorism.
Charges of federal immigration crimes must be fought
Lack of fraudulent intent is a key defense for individuals accused of immigration fraud. It’s very feasible that a defendant will make a provably false statement of fact while negotiating the complicated immigration and naturalization procedure.
Even if the false statement was significant to immigration benefits eligibility, the government would still have to show that it was made intentionally and with the purpose to deceive the government through immigration officials. If the defendant can show that the false statement was made inadvertently or as a result of misinterpreting the inquiry, they will not be charged with immigration fraud.
It’s crucial to understand that if you’re suspected of committing immigration fraud, you’ll be prosecuted by the federal government. Early on in your case, you’ll need an immigration fraud defense lawyer to create a plan on your behalf. That attorney could be Chambers Law Firm. Call us now at 714-760-4088 to request a free legal consultation.