What is marriage fraud? What are the punishments?

In an immigration context, marriage fraud is quite serious.

To convict a person under  8 U.S.C. 1325© the government must prove

1) the person knowingly entered into a marriage

2) the marriage was entered into for the purposes of evading a provision of the immigration laws; and

3) the person knew or had reason to know of the immigration laws. *

* the government does not need to prove that person knew of the specific immigration statute violated

Punishment: Imprisonment up to 5 years and up to $250,000 fine.


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