Is Marriage Fraud a Permanent Bar?
Yes, marriage fraud for immigration purposes is generally considered a permanent bar to future immigration benefits in the United States. Under Section 204(c) of the Immigration and Nationality Act (INA), if an individual is found to have engaged in, attempted, or conspired to commit marriage fraud, they can be permanently barred from having any future immigrant visa petitions approved on their behalf.
Key points include:
- No Waiver Available: There is no statutory waiver for this type of bar. Once fraud is determined under Section 204(c), there is no legal avenue to override or erase it.
- Applies to All Future Petitions: Even if the individual later enters a bona fide marriage, U.S. Citizenship and Immigration Services (USCIS) is legally prohibited from approving a new family-based immigration petition.
- Requires a Determination of Fraud: USCIS must have “substantial and probative evidence” of the fraudulent conduct—not just suspicion or incomplete documentation—to apply this bar.
Given the seriousness of this consequence, anyone accused of marriage fraud should seek legal advice from an experienced immigration attorney, especially if they believe the accusation was made in error or without sufficient evidence.
This bar applies regardless of how much time has passed or the circumstances of a new petition. It remains in effect indefinitely and is not subject to exceptions for hardship, rehabilitation, or changed circumstances.
Also, read >>Do People Go to Jail for Marriage Fraud?
