Immigration fraud is a broad federal offense that encompasses any deliberate misrepresentation, false statement, or submission of fraudulent documents in connection with an immigration application, petition, or benefit claim. The Immigration and Nationality Act (INA) and federal criminal statutes — including 18 U.S.C. §1546 — govern these offenses, and the government pursues them aggressively.

There are two primary categories of immigration fraud: document fraud and benefit fraud. Document fraud involves the use, creation, or presentation of forged or counterfeit immigration documents — visas, passports, employment authorization documents, or any other government-issued immigration instrument. Benefit fraud involves making false claims or material misrepresentations on a petition, application, or hearing in connection with a visa, green card, asylum claim, or other immigration benefit.

The consequences of an immigration fraud conviction are severe and far-reaching. Beyond the potential for federal prison time and substantial fines, a conviction will almost certainly result in deportation and a permanent bar to future admission to the United States. In some cases, even a civil finding of fraud — without a criminal conviction — can result in permanent inadmissibility.

Many immigration fraud prosecutions arise from situations that involve far more nuance than the government’s initial characterization suggests. Incomplete applications prepared by unqualified notarios, misunderstandings about what information needed to be disclosed, translation errors, and good-faith reliance on incorrect advice from third parties are all situations that can be caught up in a fraud allegation without reflecting genuine criminal intent. The materiality of the alleged misrepresentation is also frequently contestable, and we examine it carefully.

If you or someone you know is under investigation for immigration fraud, or if you have received a Notice to Appear based on alleged misrepresentation, contact our office immediately. Early legal intervention — before charges are formally filed — is always the most effective approach.