What Is Federal Immigration Fraud?
Federal immigration fraud refers to any intentional misrepresentation or deceptive act used to gain immigration benefits or evade immigration enforcement. These charges often stem from visa applications, green card petitions, marriage-based filings, or the use of false documents. Federal prosecutors focus on whether the accused knowingly made false statements or used fraudulent means to manipulate the immigration system.
Common types of immigration fraud include:
- Marriage Fraud: Entering a marriage solely for immigration purposes, without a real relationship
- Document Fraud: Using or submitting fake green cards, visas, Social Security numbers, or work permits
- Benefit Fraud: Lying or omitting key facts on immigration forms or applications
- Identity Fraud: Assuming another person’s identity to work, apply for status, or avoid removal
What is the penalty for immigration fraud? Depending on the conduct, immigration fraud can result in deportation, criminal prosecution, fines, imprisonment, denial of future immigration benefits, or even denaturalization if U.S. citizenship was fraudulently obtained.
Who Investigates Immigration Fraud in Missouri?
Several federal agencies investigate immigration fraud in Missouri, often working together to uncover suspected violations. These agencies operate across state lines and frequently initiate cases through tips, audits, or surveillance:
- U.S. Citizenship and Immigration Services (USCIS): Reviews applications and refers suspicious cases for investigation
- Immigration and Customs Enforcement (ICE): Conducts criminal investigations and makes arrests related to immigration fraud
- Department of State: Flags suspicious visa or green card applications from abroad
- Department of Justice (DOJ): Prosecutes immigration fraud cases in U.S. District Court
- Social Security Administration & Department of Labor: Investigate fraud related to employment eligibility or benefits
These agencies often work together to build complex federal cases. Our Missouri criminal defense lawyers for immigrants are experienced in dealing with investigations and enforcement actions involving USCIS, ICE, and federal prosecutors.
Key Federal Immigration Fraud Statutes
Federal immigration fraud is prosecuted under a range of statutes, depending on the type of misconduct. Most charges involve knowingly submitting false information, using fraudulent documents, or conspiring to commit immigration-related fraud. The following statutes are most commonly used:
| Statute | Summary |
|---|---|
| 8 U.S.C. § 1325 | Covers unlawful entry and marriage fraud for immigration benefits |
| 18 U.S.C. § 1546 | Criminalizes forging, altering, or using fraudulent immigration documents |
| 18 U.S.C. § 1001 | Prohibits making false statements to federal officials or agencies |
| 18 U.S.C. § 371 | Covers conspiracy to defraud the United States, including immigration fraud schemes |
| 18 U.S.C. § 1028 | Addresses identity fraud and document fraud used in immigration proceedings |
Our Missouri immigration fraud attorneys understand how federal prosecutors apply these laws — and how to fight back.
Federal Penalties for Immigration Fraud in Missouri
Immigration fraud is a federal offense that carries severe criminal and immigration consequences. Even seemingly minor misrepresentations can result in major penalties that affect your freedom, immigration status, and future.
| Offense | Potential Penalties |
|---|---|
| Marriage fraud (8 U.S.C. § 1325) | Up to 5 years in prison and $250,000 in fines |
| Fraudulent immigration documents (18 U.S.C. § 1546) | Up to 25 years depending on related crimes (e.g., terrorism, narcotics) |
| False statements to USCIS (18 U.S.C. § 1001) | Up to 5 years in federal prison |
| Identity or document fraud (18 U.S.C. § 1028) | Up to 15 years; more if used for terrorism or immigration benefit fraud |
| Conspiracy to defraud (18 U.S.C. § 371) | Up to 5 years for each count of conspiracy |
In addition to prison time and fines, a conviction may result in removal (deportation), inadmissibility, and denaturalization. Our immigration fraud lawyers in Missouri work to protect your rights and avoid these life-altering consequences.
Defense Strategies from a Missouri Immigration Fraud Lawyer
To convict you of immigration fraud, the federal government must prove that you knowingly made a false statement or used false documents to obtain an immigration benefit. Our Missouri immigration fraud attorneys analyze every aspect of the government’s case and craft a strategy tailored to your situation, often focusing on lack of intent, mistaken identity, or procedural violations.
Lack of Intent or Knowledge
You may not have known that a document was fraudulent, or you may have relied on someone else—such as a consultant, family member, or translator—who completed the paperwork improperly. Without proof that you knowingly committed fraud, the case may fall apart.
Reliance on Others
In many cases, people accused of immigration fraud placed their trust in someone else to handle their paperwork—only to find out later that errors or forgeries occurred. If you didn’t create or knowingly submit the fraudulent materials, you may have a strong defense.
False Statement Was Not Material
Even if a mistake was made, it must be shown to have impacted the decision on your immigration application. If the government cannot prove that the statement or document was material to your eligibility, the charge may not hold up in court.
Improper Procedures or Evidence
We investigate whether your rights were violated through unlawful searches, coerced statements, or procedural errors. Any evidence obtained illegally may be suppressed, weakening the government’s case.
Duress or Exploitation
In some cases, individuals are coerced into committing fraud or used as pawns in larger schemes. If you were threatened, manipulated, or deceived by someone else, that context can be a critical part of your defense.
