Why Immigration Fraud Is Never Worth the Risk

For individuals navigating the complex U.S. immigration system, the road to lawful permanent residence can feel long, uncertain, and, at times, overwhelming. When legitimate pathways appear out of reach, some may be tempted to pursue alternatives that promise quicker results. Among the most dangerous of these is entering into a fraudulent marriage for the purpose of obtaining a green card.

This practice, commonly referred to as a “sham marriage,” is not only illegal but also carries serious legal and immigration consequences. Despite the risks, misconceptions about marriage-based green cards continue to circulate, leading some to underestimate how closely such cases are scrutinized.

Marriage Fraud Is a Federal Offense

Under U.S. law, a marriage entered into solely to obtain immigration benefits constitutes fraud. It is a criminal offense under the Immigration and Nationality Act (INA §275(c)) and can trigger both civil and criminal penalties for all parties involved.

Individuals found guilty of marriage fraud may face:

• Up to five years in federal prison

• Fines of up to $250,000

• Permanent immigration consequences, including ineligibility for future benefits

Importantly, the intent behind the marriage is what matters. Even if no money is exchanged, and even if both parties willingly participate, the government considers the act fraudulent if the primary purpose is to obtain immigration status rather than build a life together.

Denial, Deportation, and Permanent Bars

U.S. Citizenship and Immigration Services (USCIS) reviews marriage-based green card applications with considerable scrutiny. Officers are trained to detect inconsistencies and red flags, such as limited shared financial history, separate residences, or a lack of documented joint activity.

If USCIS determines that a marriage is not genuine:

• The green card application will be denied

• The noncitizen may be placed in removal (deportation) proceedings

A permanent bar may be applied, prohibiting the individual from being petitioned for in the future, even by a parent, adult child, or bona fide spouse in the futureThese consequences are not hypothetical. Immigration authorities regularly investigate and prosecute marriage fraud cases, and the impact can last a lifetime.

U.S. Citizens Are Not Immune from Consequences

There is a common misconception that only the immigrant faces risk. In reality, the U.S. citizen who participates in a sham marriage may also be subject to:

• Criminal prosecution for conspiracy to commit fraud

• Permanent ineligibility to sponsor future family members

• Loss of credibility in the eyes of immigration authorities, potentially impacting future applications or petitions

Both parties, regardless of their intentions, can suffer lasting legal and personal harm.

Rigorous Government Scrutiny and Discretionary Denials

Marriage-based green card applications are among the most heavily scrutinized in the immigration system. USCIS officers are trained to examine not only the paperwork but also the relationship itself.

Applicants may be required to:

• Attend in-person interviews, sometimes separately

• Provide extensive evidence of cohabitation and shared life (e.g., joint leases, bank accounts, insurance policies)

• Explain personal details about their relationship, routines, and family

• Undergo home visits or site investigations in cases where fraud is suspected

Even if all requirements are met, USCIS officers have discretionary authority to deny an application. This means that, despite fulfilling the formal requirements or providing sufficient evidence, an application can still be rejected based on the officer’s judgment regarding the authenticity of the relationship or any other factors they deem relevant. Any inconsistency, evasion, or lack of credible evidence can trigger further investigation or outright denial.

Legal Alternatives Exist

Many who consider entering into a fraudulent marriage believe they have no other option. That belief is often misguided. The U.S. immigration system offers multiple lawful pathways to status, depending on an individual’s circumstances.

These may include:

• Family-based petitions, including for parents, children, or siblings

• Humanitarian protections, such as asylum, U visas, or VAWA for survivors of crime or abuse

• Employment-based visas, including religious or skilled worker categories

• Special immigrant categories, depending on the applicant’s background and situation

Working with an experienced immigration attorney is critical to identifying and pursuing viable legal options, without risking one’s future through fraud.

Conclusion: Shortcuts Come at a High Price

Engaging in a fake marriage may seem like a way to circumvent a difficult process, but in reality, it is one of the most damaging decisions an immigrant or U.S. citizen can make. The consequences — criminal charges, deportation, and permanent ineligibility — far outweigh any perceived short-term benefit.

At Tran Flores Law, we understand that the immigration system can feel intimidating, especially when delays or denials put families under strain. But there are always better options than fraud. If you or a loved one is unsure of what to do next, we encourage you to speak with a qualified immigration attorney before making a decision that could have irreversible consequences.

There are legal pathways forward. Let us help you find them. 📞 Call us today at (512) 894-9984 to schedule a consultation.