Grounds for Removal: Inadmissibility at Entry and Marriage Fraud Text Size:

Any alien who enters into a marriage for the sole or primary purpose of evading U.S. immigration law is deemed to have engaged in marriage fraud and is inadmissible on that basis. An alien is any person who is not a citizen or national of the United States. Any alien who is found to have engaged in marriage fraud can be expelled from the United States through a removal process.

Legal Basis

Marriage fraud is covered by Immigration and Nationality Act (INA) § 237(a)(1)(G), 8 U.S.C. § 1227(a)(1)(G). In order to be deemed one who has engaged in "marriage fraud," an alien must enter into a marriage for the sole or primary purpose of evading U.S. immigration law.

Under § 1227(a)(1)(G), an alien is considered deportable as having procured a visa or other documentation by fraud and is considered to be in the United States illegally if:

1. The alien obtains any admission into the United States with an immigrant visa or other documentation procured on the basis of a marriage entered into less than 2 years prior to such admission and that, within 2 years after any admission, is judicially annulled or terminated, unless the alien establishes to the satisfaction of the Attorney General that such a marriage was not contracted for the purpose of evading any provisions of the immigration laws, or
2. It appears that the alien has failed or refused to fulfill the alien's marital agreement, which in the opinion of the Secretary of Homeland Security, was made for the purpose of procuring the alien's admission as an immigrant.

Marriage Fraud Amendments

In order to reduce marriage fraud, Congress enacted the Immigration Marriage Fraud Amendments of 1986. These amendments provide that:

• If the person is relying on a marriage less than 24 months old when he or she (whether the spouse or son or daughter of a United States citizen or of a lawful permanent resident) receives LPR status, that status will be only conditional. The status can be terminated, and two years after receiving status, the person must apply to have the "condition" removed so that he or she will be a full-fledged LPR.
• If the status is terminated, the alien may request a review of the determination in removal proceedings. In such proceedings, the government must show that the marriage was entered into for the purpose of procuring the alien's entry as an immigrant, that the marriage was judicially annulled or terminated, other than through the death of a spouse, or that a fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition with respect to the alien spouse or alien son or daughter, INA § 216, 8 U.S.C. § 1186a.

Marriage During Removal Proceedings

Aliens who marry during removal proceedings are barred from adjusting their status or seeking immigrant visas on the basis of a marriage entered into while they are in administrative or judicial proceedings. Approval of a visa petition for immediate relative or preference status on the basis of such marriage is limited unless it is shown that the marriage was entered into in good faith, in accordance with the law, and not for the purpose of procuring a visa, INA § 204(g), 8 U.S.C. 1154(g).

Questions for Your Attorney

• How much experience do you have in marriage-fraud cases?
• What are my chances of winning my case? How long will it take?
• How much will you charge?

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