Green Card Fraud Prosecutions
Overview: Green Card Fraud
What is Green Card Fraud?
Green Card fraud typically means intentionally submitting false information or documents to U.S. immigration authorities to obtain lawful permanent resident status. This can involve:
Fake marriages (sham marriage fraud),
False employment or financial documents,
Identity theft,
Misrepresentation of facts.
Relevant Laws
18 U.S.C. § 1546 — Fraud and misuse of visas, permits, and other entry documents
18 U.S.C. § 1425 — Unlawful procurement of citizenship or naturalization (related crimes)
Immigration and Nationality Act (INA) provisions dealing with fraud and misrepresentation
Key Elements Prosecutors Must Prove:
The defendant knowingly made false statements or submitted false documents.
The falsehood was intended to deceive immigration authorities.
The purpose was to obtain a Green Card or other immigration benefit.
Detailed Case Law Examples
1. United States v. Lopez-Medina (2004)
Court: 5th Circuit Court of Appeals
Facts:
Lopez-Medina was convicted for submitting fraudulent marriage documents to obtain a Green Card.
Outcome:
Court upheld conviction, emphasizing that intent to deceive immigration officials was critical.
Significance:
This case shows how sham marriage fraud is prosecuted under §1546.
2. United States v. Vilarino-Morales (2006)
Court: U.S. District Court, District of Puerto Rico
Facts:
Vilarino-Morales used forged employment verification letters to support his Green Card application.
Outcome:
Convicted of immigration fraud under §1546, sentenced to prison.
Significance:
Illustrates that forging documents other than marriage certificates also leads to prosecution.
3. United States v. Vazquez (2012)
Court: 2nd Circuit Court of Appeals
Facts:
Vazquez was charged with submitting false tax returns and fake financial documents to secure permanent residency.
Outcome:
Conviction affirmed.
Significance:
Proved that fabricating financial documents to meet immigration requirements is illegal.
4. United States v. Rivera (2010)
Court: U.S. District Court, Southern District of New York
Facts:
Rivera arranged fake marriages between U.S. citizens and immigrants seeking Green Cards.
Outcome:
Convicted for conspiracy to commit immigration fraud.
Significance:
Showed how not just applicants, but brokers and facilitators of fraud are prosecuted.
5. United States v. Singh (2018)
Court: U.S. District Court for the Eastern District of Virginia
Facts:
Singh submitted multiple fraudulent documents claiming false job offers to obtain a Green Card.
Outcome:
Sentenced to federal prison for immigration fraud.
Significance:
Demonstrates the range of fraudulent means used and punished in Green Card cases.
6. United States v. Nunez-Cruz (2015)
Court: U.S. District Court for the Northern District of Illinois
Facts:
Nunez-Cruz claimed false U.S. residency and citizenship status using fake birth certificates and IDs.
Outcome:
Convicted under §1546 for fraud in immigration documents.
Significance:
Shows that identity fraud is a common form of Green Card fraud.
Legal Takeaways
Fraudulent intent is key: honest mistakes aren’t enough to convict.
Multiple types of fraud are prosecuted — from sham marriages to forged employment letters.
Both applicants and fraud facilitators (brokers, lawyers) can be prosecuted.
Penalties include prison time, fines, and permanent bars from immigration benefits.
Evidence often includes false documents, witness testimony, and immigration interviews.
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