My friend is a US citizen, and married (for money) an alien. My friend never received any money from the spouse.
The first interview did not go well, the spouse of my friend did not answer basic questions (Such as the name of my friend's mother(!))
So today they went on a fraud interview. My friend cracked on the interview and told the interviewer that marriage was for real but it was done for money to get a green card, and also signed that statement along with withdrawal request. So my friend's spouse informed my friend of intention of immediately leaving the country (as in the same day).
So the question is: is my friend or can my friend still get in any legal trouble or be charged with fraud or anything else after this? Thank you!
Possibly. The fact is your friend sign and dated a Petition (I-130) stating that all information was true and correct to the best of his/her knowledge. Also, your friend attended the first interview and made false representations to the USCIS agent.
It is advisable that your friend retain an experienced criminal defense attorney before any further communication with any Federal Authority.
Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.
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Yes, he can still encounter legal trouble. He has committed fraud.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
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Your friend can be charged with marriage fraud. Normally, in my area of Florida, if the government intends to charge a person with fraud they will do so at the interview. Normally, if a person confesses the government does not press charges against that person.
If your friend is contacted and asked to appear at the USCIS or ICE office in the future, I suggest she retain an immigration attorney experienced in such situations to go with her.