What to Do in Immigration Court if You Are Accused of Fraud

What to Do in Immigration Court if You Are Accused of Fraud

Immigration fraud can take many different forms, but any type of immigration fraud can lead to removal proceedings for a non-citizen individual. One of the most common types of immigration fraud involves marriage fraud, in which the non-citizen marries solely for purposes of evading U.S. immigration laws, or in order to get his or her own green card. If USCIS accuses the non-citizen of entering into an invalid marriage, or one that is not bona fide, the alien may face removal charges in immigration court. Once a non-citizen is charged with removal, he or she should prepare to appear in immigration court and answer to the allegations of fraud. An immigration judge will carefully scrutinize any marriage that USCIS is alleging is fraudulent. As a result, the non-citizen must present evidence, including his or her own testimony, in order to convince the judge that his or her marriage is bona fide. The non-citizen also will be subject to cross-examination by the government attorney, which can be lengthy and delve into all areas of his or her personal life. If the marriage occurred after an individual already was in removal proceedings, the immigration court will even more closely examine the marriage for validity. In this situation, the applicant must prove by clear and convincing evidence that the couple entered into the marriage in good faith and according to the laws of the place in which the marriage ceremony took place. He or she also must prove by clear and convincing evidence that he or she did not get married solely for the purposes of obtaining legal admission to the US, and that he or she did not marry in exchange for a fee or other consideration. If you are accused of immigration fraud, contacting an experienced California immigration attorney as quickly as possible should be your first step in fighting back against these charges. By immediately taking steps to defend yourself against false allegations of fraud, you have a better chance of building a strong defense case and avoiding removal as a remedy. Call Landerholm Immigration, A.P.C., at (510) 756-4468 to set up an appointment and learn how we can help if immigration authorities have wrongly accused you of fraud. Para Espanol haz click aqui!
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