OK - let's get back to marriage fraud. As discussed yesterday, this normally means marrying someone for the purpose of receiving a Green Card. This is an arranged marriage, more commonly known as a "sham" marriage according to the United States Citizenship and Immigration Services (USCIS) and United States Immigration and Customs Enforcement (ICE).
Congress and lawmakers have created several barriers to make it easier to catch people who engage in this activity. First, to be eligible to apply for a Green Card based on marriage to a U.S. citizen, two people (obviously) have to be married. Second, one of the parties must be a U.S. citizen. Third, not everyone is automatically eligible to become a Green Card holder simply because they married an American citizen. The person may not have the appropriate immigration status (ex - as of this writing, the person had to make an ENTRANCE into the U.S., not simply "cross the border"). NOTE - it is important to state that the information in this column is for INFORMATION PURPOSES ONLY and any questions regarding Immigration should be taken to a competent Immigration attorney.
However, assuming that the appropriate criteria are met, the appropriate paperwork must be filed with Immigration (USCIS). At some point, the person will be called into the local USCIS office for an interview. One of the purposes of the interview is to determine if the marriage is legitimate. This means that the USCIS interviewer has the legal authority to ask all appropriate and necessary questions to determine if the marriage is legitimate. For example, the officer can ask how the couple knows each other, where they met, what are their individual interests and interests as a couple. Do they plan to have any kids? When? What are their views on certain subjects?
If the officer determines that there is an issue of possible fraud, then the officer has the right to separate the couple and interview the persons individually. The officer has the right to compare the answers given to see if this couple actually knows each other and knows each other as a married couple should.
All of this is designed, of course, to fight marriage fraud. If the officer determines that the couple has not met the burden to prove that they are a married couple or that the marriage is legitimate, the officer can ask for further information, deny the application or even call for a criminal investigation.
Once again, this goes to the earlier post that sham marriages are not only Immigration fraud, but a criminal act.
Even if the Green Card is granted, however, the story does not end there. We will revisit this at the next post.
Here is further information: http://abcnews.go.com/Politics/immigration-green-card-marriage-young-couple-faces-feds/story?id=10738962
As always, feel free to visit our website: www.tauskvega.com
Have a great and fraud-free day.
--------------->>>>>>>>>>>>>>>>>>>>gene tausk
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