Marriage Fraud Prosecutions
1. United States v. Salyer (2009)
Facts:
Rebecca Salyer, an immigration attorney, orchestrated dozens of fraudulent marriages between U.S. citizens and foreign nationals to help the latter obtain green cards. The U.S. citizens were paid to participate.
Legal Issue:
Charged with conspiracy to commit marriage fraud, visa fraud, and immigration fraud.
Outcome:
Convicted in federal court.
Sentenced to over 2 years in prison.
Significance:
Exposed how professionals (like lawyers) can abuse the system.
Emphasized conspiracy and financial motives in marriage fraud prosecutions.
2. United States v. Morsal (2017)
Facts:
Defendant entered a sham marriage with a U.S. citizen to obtain permanent residency. Evidence showed they never lived together, and the relationship was staged for immigration benefits.
Legal Issue:
Charged with 8 U.S.C. § 1325(c) – knowingly entering into a fraudulent marriage to evade immigration law.
Outcome:
Convicted after a jury trial.
Sentenced to prison and immigration consequences followed.
Significance:
Reinforced that intent and evidence of cohabitation are critical to proving marriage fraud.
Shows how investigators use interviews and surveillance to build their case.
3. United States v. Castro-Tamayo (2014)
Facts:
Castro-Tamayo paid a U.S. citizen to marry him so he could adjust his immigration status. The pair never lived together or had a real relationship.
Legal Issue:
Charged with marriage fraud and visa fraud.
Outcome:
Pleaded guilty.
Sentenced to time served and deportation.
Significance:
Showed that even first-time offenders face criminal and immigration consequences.
Highlights the use of plea deals in marriage fraud cases.
4. United States v. Morales (2012)
Facts:
Morales entered into multiple sham marriages over the years to help others gain immigration status, receiving money in return.
Legal Issue:
Charged with multiple counts of visa fraud, marriage fraud, and false statements to federal agents.
Outcome:
Convicted and sentenced to a multi-year prison term.
Significance:
Demonstrated how repeat or serial marriage fraud leads to harsher penalties.
Showed how federal investigators track marriage history and interview witnesses.
5. United States v. Zhang and Brignac (2019)
Facts:
This couple was part of a larger marriage fraud ring in Louisiana where organizers arranged dozens of sham marriages between Chinese nationals and U.S. citizens.
Legal Issue:
Conspiracy to commit marriage fraud and immigration fraud under 18 U.S.C. § 371 and 8 U.S.C. § 1325(c).
Outcome:
Defendants convicted or pleaded guilty.
Sentences ranged from probation to several years in prison.
Significance:
Large-scale fraud schemes often include multiple defendants.
Conspiracy charges allow prosecutors to target organizers, not just fake couples.
6. United States v. Nadarajah (2008)
Facts:
A Sri Lankan national entered into a sham marriage with a U.S. citizen and paid her for participation. The USCIS interview revealed inconsistent details, and the marriage was flagged.
Legal Issue:
Charged with immigration fraud, false statements, and marriage fraud.
Outcome:
Convicted and sentenced to 18 months in prison.
Deported after serving sentence.
Significance:
Showed importance of USCIS interviews and document inconsistency in building cases.
Reinforced deterrence through both criminal punishment and removal.
Legal Themes Across Cases:
| Element | How It’s Proven in Court |
|---|---|
| Fraudulent intent | Text messages, money transfers, lack of cohabitation |
| Lack of bona fide marriage | No joint finances, no shared residence, inconsistent stories |
| Conspiracy | Multiple people organizing or facilitating sham marriages |
| False statements | Lying on immigration forms or during interviews |
Summary Table
| Case | Type of Fraud | Charges | Outcome | Key Takeaway |
|---|---|---|---|---|
| U.S. v. Salyer | Marriage ring led by lawyer | Conspiracy, visa/marriage fraud | 2+ years prison | Even lawyers can face criminal charges |
| U.S. v. Morsal | Individual sham marriage | Marriage fraud | Convicted | Living apart was key evidence |
| U.S. v. Castro-Tamayo | Paid fake spouse | Marriage + visa fraud | Guilty plea, deportation | Payment = clear fraud motive |
| U.S. v. Morales | Serial marriage fraud | Multiple counts | Multi-year sentence | Repeated fraud = harsher penalties |
| U.S. v. Zhang & Brignac | Fraud ring (multiple couples) | Conspiracy, marriage fraud | Mixed sentences | Conspiracy expands liability |
| U.S. v. Nadarajah | Paid USC for marriage | Immigration & marriage fraud | Prison + deportation | USCIS interviews expose lies |
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