Forensics Journal - Stevenson University 2014 | Page 25

STEVENSON UNIVERSITY

become a legal permanent resident (De Armas 6). Currently, most
fraudulent marriage cases discovered result in the immigrant spouse
entering into deportation proceedings. USCIS should consider
harsher penalties such as consistent prosecution for U.S. citizens who
participate in fraudulent marriage petitions (Thomas 1). Pursuing
prosecution may deter other U.S. citizens who may be considering
assisting someone in filing a fraudulent petition.

6. FRAUD PREVENTION THROUGH PROSECUTION
The consequences for U.S. citizens who file immigration marriage
petitions for alien spouses in a fraudulent marriage should be more
severe. Currently under the IMFA, U.S. citizens can be imprisoned
for up to five years and receive a $250,000 fine for knowingly entering into a marriage for the purpose of evading any provision of the
immigration laws (Department of Justice). While incarceration and
fines are potential punishments for U.S. citizens, they are not used
frequently in single cases of immigration marriage fraud (McHughMartinez). If USCIS turned more marriage fraud cases over to ICE
to pursue the prosecution of U.S. citizens found in violation of 8
U.S.C. § 1325(c), it could prevent immigration marriage fraud cases
in the future, as U.S. citizens may not risk imprisonment to help
an immigrant friend. The current immigration system punishment
policy for a U.S. citizen is weak. When USCIS believes a petitioner
is assisting in a one-time case of immigration marriage fraud (as
opposed to a marriage fraud ring or scheme), they want the petitioner to confess to the officers about the illegitimate relationship and
fraudulent I-130 petition in order to begin deportation proceedings
for the immigrant (McHugh-Martinez).

The investigative process of immigration marriage fraud by USCIS
officers is a lengthy and time-consuming procedure that when completed successfully, detects immigrants and their U.S. citizen spouses’
attempts to defraud the United States government. It is impossible to
detect all immigration marriage fraud, however USCIS has a program
in place that is capable of detecting and preventing many fraudulent
marriage petitions.
REFERENCES
Bernstein, Nina. “Without Guns or Raids, a Tiny Squad of Officers
Homes in on Visa Fraud.” New York Times 17 July 2007: 1. Print.
Chetrit, Samantha L. “Surviving an Immigration Marriage Fraud
Investigation - All You Need Is Love, Luck, and Tight Privacy Controls.” Brooklyn Law Review (2012): 709-43. LexisNexis Academic.
Web. 6 Feb. 2013.

7. EVALUATION AND CONCLUSION
Overall, the program USCIS currently has in place to investigate
immigration marriage fraud cases is effective. From the beginning
of the process in which the petitioner files the I-130 petition on
behalf of the beneficiary alien spouse, to the interview portion where
USCIS officers review documentary evidence to determine whether
the marr