What is Immigration Fraud?
There are two types of immigration fraud: document fraud and benefit application fraud. While both are widespread, immigration investigators often consider benefit fraud far more dangerous. While document fraud is prevalent, victims often must remain below the radar in fear that they will be discovered. On the other hand, if an immigrant acquires legitimate documents and benefits through fraudulent means, that immigrant might never be detected.

Immigration Document Fraud:

This crime refers to the manufacture, sale or use of counterfeit identity documents such as fake driver’s licenses, birth certificates, social security cards, or passports, for immigration fraud or other criminal activity. Document fraud also includes efforts to obtain genuine identity documents through fraudulent means.

Immigration Benefit Fraud:

Benefit fraud refers to the misrepresentation or omission of material facts on an application to obtain an immigration benefit one is not entitled to—such as U.S. citizenship, political asylum or a valid visa.
One of the most common types of benefit fraud is marriage fraud. Foreigners and illegal immigrants often use short-term or fraudulent marriages to gain U.S. green cards and citizenship.

What are the civil penalties associated with immigration fraud?
In general, INA section 274C prohibits the fraudulent production, use, or possession of documents in order to either (1) acquire benefits under the INA or (2) satisfy an INA requirement.
Persons or entities found to have violated INA section 274C may be ordered to cease and desist engaging in the unlawful activity and assessed a civil money penalty.
In the case of first-time offenders, this penalty is between $275 and $2,200 for each fraudulent document or proscribed activity (and between $250 and $2,000 for each violation prior to September 1999). For subsequent offenses, the civil penalty is between $2,200 and $5,500 (and between $2,000 and $5,000 for each violation prior to September 1999).

What are the criminal penalties associated with immigration fraud?
Besides imposing civil penalties for immigration-related document fraud, section 274C also includes criminal penalties for those who prepare or assist in preparing fraudulent immigration documents for a fee or other remuneration. More particularly, failure to disclose a
role in the preparation of a falsely made application for immigration benefits may result in a fine and/or imprisonment for up to five years, as well as being prohibited
from preparing or assisting in the preparation of any other such applications in the future. Subsequent offenses are subject to fines and imprisonment of up to 15
years.

Do I need a lawyer to represent me if I am innocent?
Every criminal defendant needs an attorney. Innocent defendants are perhaps in even greater need of zealous representation throughout the criminal process to ensure that their rights are protected.

Do I need a lawyer if I simply intend to plead guilty ?
You may not understand the full implications of the crime with which you are charged. Criminal defense attorneys equalize the balance of power between the defendant and the prosecution and ensure that the constitutional rights that are guaranteed to all criminal defendants are preserved.

Richard Kuniansky
952 Echo Lane, Suite 180
Houston, TX 77024
Phone: 713.622.8333
Fax: 713.461.8186