Naturalized Citizen to Face Jail and Removal for Fixed-Marriage Green CardPosted on September 25th, 2011 under Wealth of Advice
By Michael J. Gurfinkel, Esq.
Several newspapers recently reported that a naturalized U.S. citizen is having his citizenship revoked, and he faces jail-time for having originally obtained his green card through a fixed marriage. It is also likely that he could be removed/deported.
I know that many people think that one of the fastest and “easiest” ways to get a green card is through a fixed marriage. (Where a person marries a citizen, with no intention of establishing a life together. Instead, they “pretend” to be in love and living together, but all they’re doing is marrying for convenience.)
In this particular case, the person married a U.S. citizen in 2000, and was able to obtain a green card through that marriage. Eventually, he was even able to obtain U.S. citizenship. Somehow, the government found out about the fixed marriage. (Maybe a spiteful relative or friend reported him?). He was arrested and charged with obtaining U.S. citizenship by fraud. The government stated that this person lied about the validity of his marriage and that his green card, and eventually his U.S. citizenship were based on lies. Now he faces possible jail time and removal, all because he decided to take the “easy” route of pursuing a fixed marriage.
I have always stated that if you marry, make sure it is for LOVE (of the person, not the green card). If you don’t love them, don’t marry simply for the green card, because, as you can see, it can now result in criminal charges, hefty fines, jail, and deportation/removal.
However, if you were in a true, loving relationship with a citizen, but DHS suspected or charged you with marriage fraud, I would definitely recommend that you seek the advice and help of a reputable attorney, who can assist in proving that your love marriage was not fixed. I know that sometimes there may be misunderstandings or miscommunications during an interview, where a question is asked, but the person may not have fully understood the question, or was nervous, and gave an answer that didn’t “match.” Even though the couple may truly be in love, the officer thinks the marriage is fixed. If it is truly a love marriage, there could be hope. If it is fixed, you’re taking a big chance and risk by pursuing the case.