If you’ve been accused of marriage fraud, then prosecutors have determined that you entered into a marriage solely to gain American citizenship. While these charges are serious, you have the right to a defense.
Law Offices of Randall B. Isenberg has defended those accused of charges like yours for more than 30 years. Let an Irving marriage fraud lawyer from our team put their experience to work for you.
What Is Marriage Fraud?
For starters, marriage fraud is a federal crime. If you’re charged with marriage fraud, you’re facing not only state charges but also federal charges.
The U.S. Department of Justice’s (DOJ) Criminal Resource Manual (CRM) 8 U.S.C. § 1325 and 18 U.S.C. § 1546(a) are the statutes by which the government enforces marriage fraud. Per these statutes, someone who commits marriage fraud “knowingly enters into a marriage for the purpose of evading any provision of the immigration laws.”
According to the DOJ, “The typical fact pattern in marriage fraud cases is that a U.S. citizen and an alien get married”, with the U.S. citizen receiving some form of payment in exchange for being wed.
Though one might argue that many marriages involve monetary benefit for one party or the other, it is the citizenship factor that makes marriage fraudulent in the eyes of the law, at least.
How May a Prosecutor in Irving Try to Prove You Are Guilty of Marriage Fraud?
The DOJ notes two important criteria that may be necessary to prove marriage fraud:
- The U.S. citizen who marries an alien receives something of value in return, generally money.
- The married parties “do not intend to live together as man and wife.”
In order to attain a conviction, then, prosecutors in Irving may need to prove that:
- You received (or gave) something of value as a condition of marriage.
- You did not intend to live with the person you married, as a married couple typically does.
Though case law is not quite as clear, a prosecutor may argue that your initial marriage was legitimate. However, they might claim that you remained in a broken marriage after a period of time solely because one party wanted to pass the deadline for citizenship. In this case, the prosecutor may need to prove that the alien compensated the U.S. citizen in order to remain in the marriage.
There is no way to tell exactly how the prosecutor may make a case against you, at least not until they make the case. What we do know, though, is that a prosecutor will make a case against you if you’ve been charged with marriage fraud.
There is no time to waste if you’re facing this federal charge. A marriage fraud lawyer from Law Offices of Randall B. Isenberg is ready to help you today. Let us begin building your defense in Irving right now, as the potential penalties you face may be great.
Possible Legal Consequences for a Marriage Fraud Conviction
Being a federal charge, you can expect to face stiff legal consequences for a marriage fraud conviction. Consequences may include:
- Up to 5 years in federal prison
- A fine of up to $250,000
Marriage fraud is a felony offense, which means that you will carry the stigma of a felony on your record until you can seal or expunge your record.
For the alien who entered into an allegedly fraudulent marriage, deportation may be a likely consequence of a marriage fraud allegation. Both parties facing a marriage fraud allegation need a capable defense, as consequences can range beyond those levied by the federal government.
Irving Marriage Fraud Lawyer Near Me (214) 696-9253
Possible Personal Consequences for a Marriage Fraud Conviction in Irving
For anyone hit with a marriage fraud charge, including a U.S. citizen, consequences will not stop with prison time, fines, or other legal punishments you’re facing. If you’re convicted of a marriage fraud charge, you may also:
- Lose your current job
- Have extreme difficulty securing a comparable job in the future, as a felony conviction can be a massive blemish on an employment application
- Immediately become a poor candidate for housing and other services where a felony conviction could be held against you
- Lose custody of children, and have difficulty re-obtaining parental rights in the future
- Face an immense loss in your quality of life
Add in the financial stress of massive fines, and you’re facing a genuinely life-changing charge. With these consequences on the table, your choice of a lawyer is one that you must make wisely.
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What to Do If You’ve Been Accused of Marriage Fraud in Irving
Those accused of marriage fraud should absolutely hire an attorney. The stakes are simply too great not to retain a lawyer experienced in marriage fraud cases. Law Offices of Randall B. Isenberg has such experience, and we can begin your defense today.
You may choose our firm for your case because:
- We operate in Irving, so we know relevant case law and are already prepared to lead your case.
- Attorney Randall B. Isenberg is a former prosecutor familiar with how prosecutors think and the tactics they may use against you.
- We fight for the best possible outcome in marriage fraud cases.
Experience is critical when it comes to criminal defense. Our firm has the credentials that defendants look for, especially in cases as serious as yours.
Our team will review the facts of your case, review evidence, complete an independent investigation, and develop a defense strategy. We will advise you on the best possible outcome for your case.
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Our Irving Marriage Fraud Attorneys Can Defend You
An allegation of marriage fraud has both legal and personal ramifications. It is critical that we clear your name, not just for your freedom but also for your reputation. An Irving marriage fraud lawyer from Law Offices of Randall B. Isenberg will begin your defense as soon as you call.
Complete your free case evaluation with Law Offices of Randall B. Isenberg as soon as possible. Call us today.