Federal Marriage Fraud Lawyer in NYC
Federal marriage fraud charges carry severe criminal penalties and devastating immigration consequences. Under 8 U.S.C. Section 1325(c), knowingly entering into a marriage for the purpose of evading any provision of the immigration laws is a federal crime punishable by up to 5 years in federal prison. When marriage fraud is charged as part of a broader conspiracy involving immigration fraud, visa fraud, or harboring undocumented individuals, the penalties can increase to 10 years or more per count.
In New York City, where immigration enforcement has intensified significantly, the U.S. Attorney’s offices for the SDNY and EDNY have made marriage fraud prosecution a priority. If you are under investigation or have been charged with marriage fraud in New York, contact Sosinsky Law at (212) 285-2270 for a free consultation with an experienced Manhattan federal criminal defense lawyer who has spent more than three decades defending clients in the federal courts.
What Is Federal Marriage Fraud
Federal marriage fraud occurs when a U.S. citizen or lawful permanent resident enters into a marriage with a foreign national for the primary purpose of circumventing U.S. immigration laws rather than establishing a genuine marital relationship. The marriage is used as a vehicle to obtain immigration benefits, typically lawful permanent resident status (a Green Card), that the foreign national would not otherwise be eligible to receive.
Marriage fraud schemes can range from a single sham marriage between two individuals to large-scale organized operations involving networks of facilitators, recruiters, marriage officiants, immigration attorneys, and dozens or even hundreds of participants. In both cases, the core allegation is the same: the marriage was entered into fraudulently with the intent to obtain immigration benefits through deception.
Federal Statutes Used to Prosecute Marriage Fraud
Marriage Fraud Under 8 U.S.C. Section 1325(c)
The primary federal statute targeting marriage fraud is 8 U.S.C. Section 1325(c), which makes it a federal crime to knowingly enter into a marriage for the purpose of evading any provision of the immigration laws. A conviction carries up to 5 years in federal prison and a fine of up to $250,000.
Conspiracy to Commit Immigration Fraud
When marriage fraud involves multiple participants operating as part of an organized scheme, federal prosecutors charge conspiracy under 18 U.S.C. Section 371, the general federal conspiracy statute, or under 8 U.S.C. Section 1324, which targets conspiracy to encourage or induce the unlawful residence of aliens in the United States. Conspiracy charges allow prosecutors to hold every participant in the scheme accountable for the acts of all co-conspirators. Our federal conspiracy defense lawyer has extensive experience defending clients against multi-defendant conspiracy prosecutions.
Visa Fraud and Immigration Document Fraud
Marriage fraud prosecutions frequently include additional charges for visa fraud under 18 U.S.C. Section 1546, which targets the knowing use or submission of fraudulent immigration documents, and for making false statements in immigration applications under 18 U.S.C. Section 1015. Each of these charges carries its own sentencing exposure, compounding the potential penalties a defendant faces.
Wire Fraud and Mail Fraud
Because marriage fraud schemes typically involve electronic submission of immigration applications and mailed correspondence with USCIS, prosecutors frequently add wire and mail fraud charges under 18 U.S.C. Sections 1343 and 1341. Each count carries up to 20 years in federal prison, dramatically increasing the sentencing exposure in a marriage fraud case.
Recent Federal Marriage Fraud Enforcement in New York City
Federal marriage fraud enforcement in the New York area has intensified dramatically. In August 2026, the SDNY unsealed a two-count indictment charging 11 defendants with operating a decade-long, multimillion-dollar marriage fraud network that allegedly arranged more than 1,000 sham marriages to fraudulently obtain immigration status for foreign nationals. According to the indictment, foreign nationals paid as much as $100,000 per sham marriage, while U.S. citizen participants received up to $30,000 and recruiters earned commissions of approximately $5,000 per citizen recruited. The network, based primarily in Brooklyn and Queens, arranged sham marriages across multiple states and internationally.
The investigation was conducted by Homeland Security Investigations, the FBI, and USCIS’s Fraud Detection and National Security Directorate, and resulted in the execution of search warrants at multiple locations throughout New York City. This case illustrates the scale of resources federal agencies are devoting to marriage fraud enforcement and the severity of consequences facing anyone involved in these schemes, whether as a facilitator, recruiter, or participant.
How Federal Marriage Fraud Investigations Work
Federal marriage fraud investigations are typically initiated by USCIS when adjudicators identify red flags during the Green Card application process. These red flags include significant age differences between spouses, language barriers suggesting the spouses cannot communicate, inconsistencies between the spouses’ accounts of their relationship during interviews, applicants who have previously sponsored other foreign nationals through marriage-based petitions, and tips from informants or anonymous sources.
Once a potential marriage fraud case is identified, USCIS refers the matter to Homeland Security Investigations, which conducts a full criminal investigation. The tools investigators use include surveillance of the supposed couple’s residence to determine whether they actually live together, interviews with neighbors, landlords, and family members, analysis of financial records to determine whether the couple maintains joint finances, review of social media accounts for evidence of the relationship’s legitimacy, and cooperating witnesses, often participants in the scheme who have agreed to testify in exchange for reduced charges.
If you have been contacted by USCIS or HSI investigators about your marriage, or if you have received a federal grand jury subpoena related to a marriage fraud investigation, it is critical to retain experienced counsel before making any statements.
Who Gets Charged in Federal Marriage Fraud Cases
Federal prosecutors in New York charge individuals at every level of marriage fraud operations. This includes facilitators and organizers who operate the sham marriage network and collect payments from foreign nationals, recruiters who identify and enroll U.S. citizens willing to participate in sham marriages, the U.S. citizen spouses who enter into fraudulent marriages and submit false immigration applications, the foreign national beneficiaries who pay for and participate in the scheme, immigration attorneys who prepare fraudulent applications knowing the marriages are not genuine, and tax preparers, insurance agents, and other professionals who help create documentation designed to make the marriages appear legitimate.
Each category of participant faces different levels of culpability and different sentencing exposure. Organizers and facilitators typically face the most severe sentences, while individual participants may have opportunities for reduced charges or alternative resolutions.
Defense Strategies for Federal Marriage Fraud Charges
Challenging the Government’s Evidence That the Marriage Is Fraudulent
The central question in any marriage fraud case is whether the marriage was entered into in good faith or for the purpose of evading immigration laws. The government’s evidence is often circumstantial, based on the behavior and living arrangements of the spouses rather than direct proof of fraudulent intent. A defense attorney can present evidence that the marriage was genuine, including testimony from the spouses, evidence of cohabitation, shared finances, and a real relationship, even if the marriage later ended in divorce.
Challenging Cooperating Witness Testimony
Large-scale marriage fraud prosecutions rely heavily on cooperating witnesses who are testifying in exchange for reduced charges. These witnesses have powerful incentives to implicate others and may exaggerate the defendant’s role or knowledge. Cross-examining cooperators and exposing their biases is essential to the defense.
Disputing Knowledge and Intent
Not every participant in a marriage fraud scheme had knowledge of its fraudulent nature. U.S. citizen participants may have been told the marriage was legitimate or may not have understood the legal implications of their actions. Foreign nationals may have been misled by facilitators about the legality of the arrangement. Demonstrating that the defendant lacked the intent to defraud can undermine the government’s case. Our federal sentencing advocacy lawyer presents comprehensive mitigation evidence to secure the most favorable outcome.
Withdrawal from the Conspiracy
Defendants who withdrew from a marriage fraud conspiracy before its completion may avoid liability for acts that occurred after their departure. A successful withdrawal defense can significantly reduce a defendant’s exposure, particularly in long-running schemes where the total scope of the conspiracy is much broader than the defendant’s personal involvement.
Sentencing in Federal Marriage Fraud Cases
Federal sentencing in marriage fraud cases is governed by the United States Sentencing Guidelines. The base offense level for immigration fraud is relatively moderate, but enhancements can significantly increase the advisory guideline range. Factors that drive sentencing include the number of fraudulent marriages arranged, the amount of money generated by the scheme, whether the defendant played an organizing or leadership role, whether the scheme involved the production of fraudulent documents, and whether the defendant obstructed justice during the investigation.
For large-scale marriage fraud operations, the combination of loss amount, number of victims (in this context, the immigration system itself), and role enhancements can produce advisory guideline ranges in the range of 3 to 8 years or more, even for first-time offenders.
Immigration Consequences of Marriage Fraud Charges
The immigration consequences of a marriage fraud conviction are severe and often permanent. For foreign nationals, a marriage fraud conviction results in removal from the United States, permanent inadmissibility, and a permanent bar from obtaining immigration benefits based on any future marriage, even a genuine one. For U.S. citizens, a conviction can result in federal prison time, loss of the ability to sponsor future immigration petitions, and a permanent federal criminal record. Our NYC criminal immigration lawyer works alongside our criminal defense team to ensure that immigration consequences are fully considered at every stage.
Related Federal Charges in Marriage Fraud Cases
Marriage fraud indictments in New York frequently include additional charges that increase the complexity and stakes of the case. Money laundering charges may be added when facilitators are alleged to have concealed or moved the payments received from foreign nationals. Identity fraud charges arise when false identification documents are used. And harboring charges under 8 U.S.C. Section 1324 target individuals who assist undocumented foreign nationals in remaining in the United States. Each additional charge carries its own penalties and must be addressed independently in the defense strategy.
Contact Our Federal Marriage Fraud Defense Lawyer in NYC
If you are under investigation or have been charged with federal marriage fraud in New York City, whether as a facilitator, recruiter, participant, or professional advisor, you face serious federal criminal penalties and potentially permanent immigration consequences. Frederick L. Sosinsky has more than 30 years of experience defending clients in federal criminal cases across Manhattan, Brooklyn, Queens, and the Bronx. Contact Sosinsky Law at (212) 285-2270 for a free and confidential consultation about your case.