| THE U.S. Immigration and Customs
Enforcement (ICE) recently announced that a total of 44
people, many of them based in Orange County, California, had
been indicted, based on an elaborate scheme to obtain
fraudulent immigration visas for hundreds of aliens through
sham marriages to U.S. citizens. The indictments capped a
three-year investigation, known as Operation “Newlywed
Game.” The suspects now face a variety of federal criminal
charges, including conspiracy, fraud and misuse of visas,
making false statements in passport applications, marriage
fraud, and inducing aliens to enter the U.S. illegally
(alien smuggling).
According to ICE, the fraud scheme involves
“facilitators,” “recruiters” and “petitioners.” The
facilitators charge up to $60,000 to “fix” marriages
between aliens and U.S. citizens, and submit fraudulent
immigrant visa petitions on behalf of the aliens. The
facilitators often use recruiters, who were typically paid
$1,000 for each referral (finding U.S. citizens willing to
marry aliens and submit the immigrant visa petitions). The
U.S. citizen petitioners were paid thousands of dollars,
plus travel expenses, in order to travel to the alien’s
home country to meet and marry them.
After the sham marriage, the facilitators helped the
petitioners and aliens file bogus immigration petitions, and
would coach the petitioners and aliens on what to say at
their adjustment of status interviews, in order to convince
the U.S. Citizenship and Immigration Services (USCIS)
officers that it was a “love marriage.”
However, the scheme began to unfold when some of the
facilitators used the same petitioners over and over again,
with some of the U.S. citizens having several “spouses” at
the same time, and submitting numerous fraudulent spousal
petitions. When the California Service Center started
matching the same petitioners submitting several petitions
on behalf of different “spouses,” they alerted ICE agents,
which started the investigation.
According to investigators, the suspects went to
elaborate lengths to make the sham marriages appear
legitimate, through wedding pictures, fabricated love
letters, and even fraudulent joint tax returns.
This should be a lesson for anyone considering a fixed
marriage. While obtaining a green card through marriage to a
U.S. citizen is one of the fastest and easiest ways, it is
critical that the marriage must be for love. You must intend
to have a life together, live under the same roof, etc.
Not only does this investigation point to the criminal
consequences of fixed marriages but immigration law also
provides for a lifetime ban for anyone who is ever caught in
a fixed marriage. This means that if a person is ever caught
in a fixed marriage, they can never get a green card through
any other means — whether they are petitioned by another
U.S. citizen (for love), an employer, or even a U.S. citizen
child.
That is why it is so important that you seek the advice
of a reputable attorney, who can advise you on legitimate
ways to legalize your status, so that you will not resort to
schemes and scams.
(Editor’s note:
Michael J. Gurfinkel has been a licensed attorney in
California for over 22 years. He has always excelled in
school: valedictorian in high school; cum laude at UCLA;
and law degree honors and academic scholar at Loyola Law
School, which is one of the top law schools in
California. He is also an active member of the State Bar
of California, the American Immigration Lawyers
Association, and the Immigration Section of the Los
Angeles County Bar Association. All immigration services
are provided by an active member of the State Bar of
California and/or by a person under the supervision of
an active member of the State Bar.
web:
www.gurfinkel.com
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