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NY Immigration Fraud Attorney

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Federal prosecutors file more charges for immigration-related crimes than any other offense. One particular charge that stands out is immigration fraud. These charges can involve sham marriages, forgery of entry documents, or even someone posing as a provider of immigration services.

At The Law Offices of Mehdi Essmidi P.L.L.C., we have successfully handled dozens of immigration fraud cases. Our team is uniquely equipped to navigate these complex legal battles. As a former New York prosecutor, attorney Mehdi Essmidi knows the strategies the prosecution may try against you, and he uses that knowledge to build a strong defense for your case. Reach out to us today for a free consultation.

Understanding Immigration Fraud

Immigration fraud refers to any attempt to deceive the government in immigration-related matters. A person convicted of immigration fraud could face imprisonment, fines, and be barred from re-entering the United States.

The duration and level of fraud complexity are important factors in determining the severity of charges, the involvement of others, and the impact on government resources.

Marriage Fraud

18 U.S. Code § 1325 provides that any person who knowingly enters into a marriage solely to evade provisions of the immigration laws should be subject to imprisonment.

This type of fraud involves arranged marriages to obtain immigration benefits from citizenship and immigration services. The United States Citizenship and Immigration Services (USCIS) implements several measures to detect fraudulent marriages:

  • Lack of shared living or financial arrangements  
  • Inconsistent statements made during interviews
  • Previous fraudulent immigration history
  • Lack of support from those who can vouch for the authenticity of the marriage

The penalties for a fraudulent marriage can be up to five years in prison, a $250,000 fine, deportation, or a combination of all three. Individuals involved can be charged with visa fraud, conspiracy, harboring an alien, and making false statements, and each charge carries additional penalties.

Identity Theft Fraud

Typically, identity theft fraud in immigration involves the theft of personal information. Such information may include social security numbers, green cards, driver’s licenses, and Employment Authorization Documents (EADs). 

18 U.S. Code § 1028 states that using someone else’s identity or creating a false identity to gain immigration status is a federal offense. These offenses can encompass:

  • Stolen or counterfeit ID documents to enter the country
  • Securing employment using someone else’s identity
  • Accessing government benefits using stolen IDs
  • The sale of stolen IDs to undocumented immigrants

Besides federal laws concerning identity theft, New York has its own code:

  • Identity Theft in the Third Degree (Section 190.78): Class A misdemeanor.  
  • Identity Theft in the Second Degree (Section 190.79): Class E felony.
  • Identity Theft in the First Degree (Section 190.80): Class D felony. 

Entrepreneurship Fraud

Entrepreneurship fraud involves misrepresentation or deceit concerning business or investment opportunities.

An individual may falsely claim to have a business or investment in the United States to qualify for certain types of visas, such as a Treaty Investor visa or an Immigrant Investor visa. They may provide false documents or misleading information about the nature or size of their investment and profitability.

In other instances, an individual may falsely claim the skills, experience, or qualifications to start a business in the United States under the Multinational Manager or Executive visa category.

Entrepreneurship fraud can also involve schemes where individuals deceive foreign investors into investing in non-existent or failing businesses with the promise of obtaining a visa or green card.

Visa & Passport Fraud

18 U.S. Code 1543 specifically targets fraud related to false information or counterfeit documents used to obtain a U.S. visa or passport.

This law makes it illegal to forge, counterfeit, alter, or falsely make any passport with the intent to induce or secure the issuance or use of such a passport under the authority of the United States.

Immigration Services Fraud

Also known as “notario fraud,” immigration services fraud is a scam where individuals or businesses falsely represent themselves as capable of providing legal immigration advice or services. Notarios pose as immigration consultants or lawyers, promising to expedite the process, guaranteeing positive outcomes, or claiming to influence immigration authorities.

New York Penal Law Sections 190.87 and 190.89 state that a person is guilty of fraud in immigrant assistance services when they obtain property from another person, seeking them through false or fraudulent pretenses or promises.  

The Immigration and Nationality Act (INA)

The Immigration and Nationality Act (INA) covers many immigration issues, from the procedures for entering the U.S. to the conditions under which non-citizens may be deported. It also outlines the rights, duties, and obligations of different immigration statuses.

Several federal agencies enforce the INA, playing a different role in administrating and enforcing immigration law.

18 U.S.C. § 1546 Fraud, Misuse of Visas, Permits, and Other Entry Documents

18 U.S.C. § 1546 key points include:

  • It’s illegal to knowingly forge, counterfeit, alter, or falsify immigration documents, such as visas and permits, or to use such documents, knowing they are fraudulently obtained.
  • Using identification documents unlawfully, knowing them to be false, or making false statements about immigration requirements.
  • Impersonating another or falsely appearing in the name of a deceased individual 

Violations of the U.S. Code to commit immigration fraud can carry harsh consequences for those convicted. Facing such charges makes it crucial to have skilled and experienced legal representation to make sure your rights are protected. 

Immigration Fraud Conviction Consequences

The consequences of an immigration fraud conviction vary depending on the specific crime and generally include fines, imprisonment, and potential deportation. The number of violations and the degree of fraud can aggravate charges.

  • The duration of imprisonment can be up to 25 years if the offense was committed to facilitate an act of international terrorism
  • 20 years if it were to facilitate a drug trafficking crime
  • Ten years for the first or second such offense, if not committed to facilitate international terrorism or a drug trafficking crime
  • 15 years for other offenses

Related Criminal Charges

Prosecutors might also pursue other charges that could aggravate immigration fraud charges. Consequences of adding related criminal charges can include increased fines and prison time. Common charges related to immigration fraud include:

Forgery: Falsifying or altering immigration-related documents, such as visas, passports, or other entry documents, can elicit forgery charges. 

Identity Theft: In the context of immigration fraud, identity theft typically involves using third-party information, such as a social security number or passport details, to gain unlawful entry into a country, secure employment, or even gain United States citizenship.

Perjury: This crime can include providing false information during an immigration interview or on an immigration application or document. Under federal law, a person convicted of perjury could face up to five years in prison. 

Common Immigration Fraud Defenses

Every case is unique, and an experienced immigration attorney can craft a strategy tailored to your case’s specific circumstances. Below are common immigration fraud defenses the Law Offices of Mehdi Essmidi have implemented successfully in similar cases:

Lack of intent: The prosecution carries the burden to prove that you intentionally committed the act to convict you of immigration fraud. This could be a viable defense if it could be demonstrated that you didn’t intend to commit fraud.

Insufficient evidence: The prosecution must provide enough evidence to prove beyond a reasonable doubt that you committed immigration fraud. 

Violation of rights: If your rights were violated during a law enforcement investigation – for example, by conducting an illegal search – any evidence obtained may be inadmissible in court.

Contact Us for a Free Consultation

Facing immigration fraud charges can be an overwhelming experience filled with fear and confusion, and the legal process can be confusing and intimidating. But remember, you don’t have to face this alone.

Our fraud lawyers understand the seriousness of your situation. Your case won’t be passed off to a junior attorney or paralegal – you’ll work directly with attorney Essmidi throughout your case. Contact us today for a free consultation.