What is the statute of limitations on marriage license fraud in NYC ?

Asked over 3 years ago - New York, NY

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My uncle married two middle eastern women back to back years ago for the sole purpose of them getting a green card. He never went with either woman to their immigration appointments, and he has never heard from them since then. Is there a statute of limitaions on this type of fraud ? what crime would this be ? bigamy ? immigration fraud ? etc..Thanks..

Attorney answers (2)

  1. Contributor Level 17

    Answered February 18, 2010 04:54. i previously responded to this question stating the statute of limitations may not apply if a continuous and ongoing crime is charged.

  2. Contributor Level 17

    Answered November 23, 2009 09:29. If your understanding is accurate, and your husband petitioned for two women based upon marriages that were not bona fide, then both he and the women risk serious sanctions for immigraiton fraud. If your uncle never went to immigration appointments for the immigration cases, then almost certainly the adjustment of status applications would have been denied.

    If your uncle were to enter a genuine marriage and wish to sponsor his wife for immigration benefits, he would be obligated to disclose all marriages, all divorces and all previous immigration petitions. Despite his decisions not to further his fruad by testifying at immigration appointments for those two women, his conduct would likely make it exceptionally difficult to sponsor a genuine wife for immigraton benefits -- and that is true regardless of the number of years that may have passed. Technical information about the statute of limitations for criminal prosecution relating to his conduct would be governed by both State of New York laws and Federal laws, and a criminal defense attorney would be the best source for that information.


    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
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    Atlanta, Georgia 30345 www.fspklaw.com
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