The penalty for committing a visa related fraud can be extremely severe. An alien, resident alien or a U.S. citizen committing a work visa fraud would be committing a federal felony crime.
The penalties imposed may be:
- 10 years for a first offense with fraudulent act not involved in terrorism or drug trafficking
- 15 years for visa fraud involving other criminal acts
- 20 years for visa fraud acts related to drug trafficking
- 25 years for visa fraud related to acts of international terrorism
An alien or a resident alien in possession of a green card would be subject to immediate deportation from the United States and would then be unable to return to the United States for any reason as he would be deemed inadmissible status. A United States citizen involved in a work visa fraud scheme would be on his way to a federal penitentiary for anywhere from ten to twenty five years. The alien would only be deported for the fraud and lose all rights to enter the United States but the citizen would suffer a far worse fate of going to jail for an extended period.
What is Visa Fraud
Visa fraud is committed in many ways. Most commonly an alien intentionally misrepresents facts on his visa petition or application. The can include intentionally misrepresenting the reason that he is traveling into the United States in order to obtain a specific visa type. Visa fraud can also happen when an individual intentionally alters a legitimate visa in some way in order to sell it or use it for purposes other for which it was originally granted. Visa forgery is a another common plan used by illegal immigrants to enter the United States in order to avoid prosecution for crimes in their native country, to be involved in drug transactions and carry out terrorist plans to harm United States citizens. An finally, the most common kind of visa fraud involves fake marriages with a United States citizen in order to get a quick visa and green card. These marriages are extremely suspect and are watched closely for fraud for a period of years and green card application determinations are routinely delayed to visa fraud investigations.
Getting Legal Help
If you or a member of your family has been accused of being involved in acts of visa fraud it would be advisable to contact an immigration lawyer or a criminal lawyer to assist in protecting your rights and interests in the investigation and criminal charge or arraignment proceedings. The repercussions of being found guilty of an act of intentional visa fraud can be extremely serious and a lawyer can help to protect your rights.
