For many people around the world, American citizenship is a cherished dream. If you want to become a naturalized US citizen, you are probably dedicated to doing whatever you can to make your citizenship goal a reality. However, if you resort to using fake documents or false information to try to become a citizen you may be deported for immigration fraud.
US Immigration Law
The basic US law that governs immigration is the Immigration and Nationality Act of 1952 (INA), which was amended in 1965 to establish a new quota system. INA designates the following categories for aliens (people who are not American citizens):
- Resident (must have a Green Card and be present in the US for at least 31 days in the current year and 183 days during a three year period that includes the current year and the two previous years)
- Nonresident (admitted to the US for a temporary stay)
- Immigrant (using an immigrant visa)
- Nonimmigrant (international traveler in the US with a passport visa)
- Undocumented or illegal
What You Need To Know About Immigration Fraud
The two most widespread kinds of immigration fraud are document fraud and benefit fraud.
In the US it is illegal to manufacture, sell or use counterfeit identity documents. These include phony driver’s licenses, passports, birth certificates and/or social security cards. It is also against the law to try and obtain a real identity document by using fraud.
It is illegal to misrepresent or leave out facts when you apply for US citizenship, political asylum or an American visa. A fraudulent marriage to a US citizen solely to get a green card or to become a citizen is a common example of benefit fraud, as is falsifying information on an application for a green card or visa.
US Immigration and Customs Enforcement, part of the Department of Homeland Security, enforces US immigration laws.
If you are arrested or threatened with deportation based on alleged immigration fraud, you will need to hire an attorney who is knowledgeable about immigration law so you can continue to live and work in the US.
How A Lawyer Will Help
When you are up against a fraud charge, you will be facing inflexible laws and a determined US prosecutor. You will need an attorney who can help you determine all of your options and achieve the best outcome for your circumstances.
United States Code
Read more about federal criminal offenses in the United States Code.
Questions? Contact us today.
If you are charged with a federal crime, the consequences can be devastating. Fienman Defense will fight tenaciously to protect your constitutional rights. We will guide you through a court system that can be complex and intimidating, and provide you with the strongest possible defense.