Houston Criminal Attorney: Immigration Fraud

Federal immigration law determines whether a person is an alien and also provides means by which certain aliens can become naturalized citizens, as well as regulating who may enter the country, how long they can stay and when they must leave. The Immigration and Nationality Act of 1952 continues to be the basic immigration law of the country: the most significant amendment to the INA abolished the natural origin provisions and established a new quota system in 1965.
Foreign-born non-citizens residing in the United States are subdivided into immigrants and non-immigrants. Immigrants are foreign-born non-citizens that are able to apply for citizenship. Non-immigrants are foreign-born non-citizens who are not able to apply for citizenship, such as diplomatic staff, temporary workers, students, tourists, etc.
There are four broad categories of foreign-born people in the United States:

• US citizens born outside the United States (naturalized
• Foreign-born non-citizens with current visa to reside and/or work in the US (documented)
• Foreign-born non-citizens without a current visa but that are not prohibited from entry (undocumented)
• Foreign-born non-citizens in the United States that are prohibited from entry (illegal)

There are two basic types of immigration fraud: document fraud and benefit application fraud. While both are widespread, immigration investigators often consider benefit fraud far more dangerous. Although document fraud is prevalent victims often remain below the radar in fear that they will be discovered. On the other hand, if an immigrant acquires legitimate documents and benefits through fraudulent means that immigrant might never be detected.

Immigration Document Fraud refers to the manufacture, sale or use of counterfeit identity documents such as fake driver’s licenses, birth certificates, social security cards, or passports, for immigration fraud or other criminal activity. Document fraud also includes efforts to obtain genuine identity documents through fraudulent means. Immigration benefit fraud refers to the misrepresentation or omission of material facts on an application to obtain an immigration benefit one is not entitled to—such as U.S. citizenship, political asylum or a valid visa.
 One of the most common types of benefit fraud is marriage fraud; foreigners and illegal immigrants often use short-term or fraudulent marriages to gain U.S. green cards and citizenship.
The immigration laws of the United States provide for severe penalties, including potential lifetime exclusion from the United States, for those who try to procure immigration benefits through fraud or misrepresentation. Because obtaining a green card through marriage is famously one of the fastest (and sometimes only) methods, USCIS knows that there will always be those who attempt to obtain permanent residence through a false marriage. Unfortunately, this tends to raise the scrutiny on all applicants to the extent some couples who indeed do share a true marriage, are subject to invasive and stressful immigration fraud investigations.

U.S. Immigration and Customs Enforcement (ICE) was established in March 2003 as the primary investigative arm of the Department of Homeland Security. ICE is comprised of five integrated divisions that are responsiles for a number of key homeland security priorities. ICE enforces the nation’s immigration and customs laws and protects federal facilities. Operational Divisions include:

• Investigations, responsible for investigating both domestic and international activities arising from the movement of people and goods that violate immigration and custom laws and threaten national security.
• Detention and Removal Operations, responsible for ensuring the departure from the United States of all removable aliens and enforcing the nation’s immigration laws.
• Federal Protective Service, responsible for policing, securing and ensuring a safe environment in which federal agencies can conduct their business, and
• The Office of Intelligence, responsible for the collection, analysis, and dissemination of strategic and tactical intelligence data for use by operational elements of ICE and DHS.

Immigration-related investigations and arrests often target Americans or legal residents of the U.S. who have facilitated illegal immigration, knowingly or unknowingly. Those who are found guilty of immigration fraud will suffer severe legal consequences.

If you believe you may be under federal investigation for immigration fraud, it is critical to your case that you hire a qualified criminal defense attorney right away. Do not risk having your rights violated by neglecting to retain a skilled, experienced criminal defense attorney. The Houston, Texas law office of Kuniansky & Associates will work diligently to ensure your rights are protected. Visit www.immigration-fraud-attorney.com or call (713) 622 8333 for a free consultation.