Thursday, June 16, 2011

Born in the USA (Sort of) II

OK - let's hit the ground running and talk about marriage fraud.

     A few years back there was a (terrible) movie with Gerard Depardieu (sp?) in which a Frenchman (duh) gets married to an American for a Green Card.  Of course, they are investigated and, as my brother would say, hi-larity ensues as the two who originally married for a Green Card actually fall in love with one another.  Only in Hollyweird.

    Let's start with the basics.  Marriage to an American citizen is one of the most sure-fire ways to receive a Green Card.  A Green Card is an Immigrant visa which gives the person Lawful Permanent Residency status in the United States.  Yes, I know those are a lot of words to swallow.  Basically, a Green Card lets a person reside permanently in the United States and work here as well.  After a certain number of years, the person also gets to apply for his citizenship.

    Marriage fraud, as the words imply, occurs when people get married for the exclusive purpose of getting one person a Green Card.  There is no real "relationship" per se.  There is an agreement, whether implicit or explicit, that after the person gets the Green Card, the marriage will end.

   First, let's be clear about one thing - this is a crime, pure and simple.  Getting married for the purpose of evading U.S. Immigration laws so that someone can benefit from a marriage and receive Lawful Permanent Residency in the United States is probably one of the more clear definitions of fraud that exists.

    Usually, but not always, the American Citizen who is part of this arrangement will get money for his or her "services."  Usually as well, the American Citizen who is performing this fraud will do the same scam again and again.

   Let's get back to that "crime" thing: http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01948.htm

  Yes - a sham marriage not only is against the Immigration and Nationality Act, it is also a crime, specifically a federal felony which can lead to actual jail time.

  No joke.

  We'll explore this more tomorrow.  In the meantime, remember, just because you saw a (really bad) Hollywood movie about this does not make it legal or proper.

As always, feel free to examine our website: www.tauskvega.com

Have a safe and fraud-free day.

---------------->>>>>>>>>>>>>>>gene tausk

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