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Category Archives: Immigration Marriage Fraud Amendments of 1986
Marriage Fraud Doctrines.
This Article examines the astonishing array of doctrines used to determine what constitutes marriage fraud. It begins by locating the traditional nineteenth-century annulment-by-fraud doctrine within the realm of contract fraud, observing that in the family law context fraudulent marriages were … Continue reading
I-751 Petition for Removal of Conditions on Conditional Residence, Immigration Marriage Fraud Amendments of 1986
Immigration Marriage Fraud Amendments of 1986: I-751 Petition to Remove the Conditions of Residence on Permanent Resident Status. References: Section 216 of the Act 8 CFR 216 (a) General . The Marriage Fraud Amendments of 1986 (“IMFA”) were enacted in … Continue reading
Was the Marriage Entered into for Immigration Purposes? Is the marraige “Bona fide” for immigration purposes?
In order to be granted permanent residency, your spouse’s relationship with you must be established and your spouse must be admissible to the United States under the immigration law. Also, the marriage must be bona fide, not merely a sham … Continue reading
Criminal Penalties for Marriage Fraud — 8 U.S.C. § 1325(c) and 18 U.S.C. § 1546
Marriage fraud has been prosecuted, inter alia, under 8 U.S.C. § 1325 and 18 U.S.C. § 1546(a). The Immigration Marriage Fraud Amendments Act of 1986 amended § 1325 by adding § 1325(c), which provides a penalty of five years imprisonment … Continue reading