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Tampa Criminal Attorney > Blog > Criminal Defense > Look Out for These Five Immigration Fraud Scams

Look Out for These Five Immigration Fraud Scams

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For many years, no one worried about immigration fraud scams. The quota system limited foreign immigration to a trickle of people per year. The 1965 Immigration and Nationality Act abolished the quota system. Almost overnight, immigration rates increased, and they’ve been spiraling upward ever since. Largely because of this significant increase, immigration is now a hot-button political issue.

Immigration, and specifically immigration fraud, is also a matter for a Tampa criminal defense lawyer. This federal crime is extremely complex. Frequently, authorities target the type of “fraud” but neglect to establish the basic elements of fraud (deliberate misstatement of a material fact intended to produce a financial gain). For example, in many cases, immigration fraud committed for humanitarian or personal reasons, whether those reasons are good or bad, usually isn’t fraud.

Marriage Fraud

A marriage visa (ala 90-Day Fiance) is usually the easiest kind of visa to obtain. Anyone can strike up a relationship with anyone else at any time. If love blooms, or at least buds, the Department of State will issue a visa with the potential for an almost immediate status adjustment.

The DOS closely scrutinizes these applications to detect marriage fraud. Once again, marriage fraud is a staged relationship designed to produce a financial gain.

During these investigations, bureaucrats often want to see photos of the happy couple, correspondence that indicates a desire to marry, wedding invitations, and marriage-related financial documents, like a receipt from a caterer.

Furthermore, investigators often separate the bride and groom-to-be and ask them the same questions. If they provide inconsistent details, investigators reach for the “fraud” stamp. Such problems are very common if English is not the bride and/or groom’s first language.

Fake Immigration Websites

Frequently, companies promise to “expedite” paperwork, usually for a hefty fee. Many of these websites are legitimate, some are a waste of money, and some are illegal.

One sure sign of an illegal website is any claim of USCIS endorsement or affiliation. There is no such thing. Additionally, if a website makes a promise that seems too good to be true, it’s usually too good to be true.

Diversity Lottery Scams

The Department of State manages the diversity immigrant visa lottery (a free lottery that people from countries around the world can enter for a chance to apply for green cards and live and work legally in the United States). If you win the diversity lottery, the State Department will not email you. Instead, they will notify you on the E-DV website.

If you receive an email that appears to be from USCIS or the State Department about winning the lottery, a scammer is likely trying to contact you. That’s especially true if the person or entity wants a “processing fee” or any other money.

Identity Fraud

America is the land of RealID, facial recognition, fingerprint databases, and digital birth certificates. In many less-developed countries the identity process is, well, less developed. Other times, political chaos or warfare creates a fertile ground for identity fraud.

Certain nations are on an ever-changing watch list. If you or a loved one is from a nation that fits the above description, be prepared to furnish additional identification or other proof. Something as simple as a workplace ID card might do the trick.

Benefit Fraud

This kind of immigration fraud involves altering application information to obtain an improper immigration benefit, such as citizenship, asylum, or a visa. This is an offense that can carry prison sentences and severe fines. However, sometimes a mistake without bad faith can be cause for suspicion of this kind of fraud.

Rely on a Diligent Hillsborough County Attorney

A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. We routinely handle matters in state and federal court.

Source:

lbjlibrary.org/news-and-press/media-kits/immigration-and-nationality-act

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