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One of the problems that married people commonly deal with is marriage fraud. People’s emotions are involved in a marriage and since it is a big decision of life, people may not be too comfortable speaking to anyone and everyone about marriage fraud. Most questions that married couples may ask lawyers are about marriage fraud. Given below are some of the questions about marriage fraud that are popularly asked by people: What process should a person follow to get out of a marriage legally if he/she was a victim of marriage fraud for citizenship? Does this person have any other option other than divorce?
Most people may have this question once they realize that their spouse has used them to obtain citizenship. Most of the times, the only option available to such people would be divorce. One may go for annulment if one can prove that the marriage has not been consummated. Since there may be a difference in the marriage laws of each state, one may hire an attorney in such a situation. Can a person use any other way like a waiver if he/she has been accused of marriage fraud?
Marriage fraud carries severe penalties for anyone who is caught. However, the penalty may differ depending on the circumstances. In most situations, if a person is found guilty of marriage fraud and misrepresentation for immigration purposes, he/she may be considered inadmissible and may not be given citizenship or residency. Waivers, in such situations, may rarely get approved. Some situations may have some sort of loophole like coercion, etc. A person was falsely accused of marriage fraud and was deported from the US. The individual submitted the I-212 form after 4 1/2 years since the incident. However, the form was denied. Can the individual resubmit the form after 15 years? Will the individual have any other recourse if the form is denied?
It may almost be impossible for a person to get a waiver and be allowed into the US if he/she has been convicted of marriage fraud and been deported. However, the person may have a chance if there was no conviction and he/she has pleaded not guilty. In such a scenario, he/she will have to prove conclusively that he/she was falsely accused of the fraud. Can a person who has married a US citizen and lived in the country for 10 years continue living there if he/she is charged with marriage fraud?
The burden of proof may be on the person accused of the marriage fraud if questions about the validity of a marriage arise. In a situation like the one mentioned above, the person may have to prove in court that the allegations against him/her are not true and that there was no fraud involved in the marriage. However, if the person is found guilty of the fraud, he/she may never be allowed to get a legal status in the US. The individual may not be punished only if he/she qualifies for any kind of waivers. However, it may not be a very easy task to get a waiver when a person is convicted for marriage fraud. A person may hire an attorney specializing in immigration law in such a situation. You should follow certain rules and regulations irrespective of whether you are a victim of marriage fraud or have been accused of one. You may ask a lawyer and get all your doubts about marriage fraud.
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