Marriage Fraud in an Immigration Case: What Can Happen and How to Protect Yourself

Marriage fraud allegations are among the most serious accusations a person can face in the U.S. immigration system. If the government believes your marriage-based petition was fraudulent, the consequences can be severe — and the legal fight to defend yourself can be extraordinarily complex. Understanding what this process looks like is the first step toward protecting your rights.

What the Attorney Says

Immigration attorney Ilya Fishkin, who has practiced for over 20 years, describes a marriage fraud case as one of the most difficult he has encountered in his entire career. In his words, it is shaping up to be "the hardest case" he has ever handled.

The situation he describes involves a person whose marriage-based petition was initially approved — meaning USCIS reviewed it and granted it. However, the approval was later revoked following an investigation into suspected marriage fraud. The case involves potential arrests and is, in Fishkin's own description, "very complicated." The volume of documentation alone speaks to the gravity of the situation: the case file contains more than a thousand pages of material.

This illustrates a critical point: a marriage-based petition being approved does not mean the matter is permanently closed. The government can reopen and rescind an approval if new evidence or an investigation raises fraud concerns. Once that happens, the immigrant faces not just the loss of their immigration benefit, but potentially criminal exposure as well.

What to Do

Because the interview fragment does not include specific legal steps or advice for individuals in this situation, the following are general, responsible recommendations based on the nature of cases like this:

• Consult an experienced immigration attorney immediately. Marriage fraud investigations are not routine immigration matters. They require an attorney who understands both immigration law and, potentially, criminal defense. Do not attempt to navigate this alone.
• Do not speak to investigators without legal representation. If USCIS officers, ICE agents, or any government investigators contact you, you have the right to have an attorney present. Exercise that right before saying anything.
• Gather all documentation related to your marriage and your case. As Fishkin's case illustrates, these matters can involve enormous amounts of evidence — over a thousand pages. Your own records, communications, photos, financial documents, and anything else that demonstrates the legitimacy of your relationship may be critical.
• Understand that an approved petition can be revoked. If you have received an approval but are now facing scrutiny, take it seriously. An approval is not a permanent shield if fraud is alleged.
• Act quickly. Immigration proceedings have deadlines. Delays in seeking legal help can limit your options.

Frequently Asked Questions

Q: Can USCIS take back an approved marriage-based petition? A: Yes. As attorney Fishkin's case demonstrates, USCIS can revoke a previously approved petition if an investigation uncovers evidence of suspected marriage fraud. An initial approval does not guarantee the case is permanently resolved.

Q: Is marriage fraud only an immigration issue, or can it lead to criminal charges? A: Based on what attorney Fishkin describes, marriage fraud cases can involve potential arrests — meaning the consequences can extend beyond immigration proceedings into the criminal realm. This makes having qualified legal representation even more critical.

Q: How complicated can a marriage fraud case get? A: Extremely complicated. Attorney Fishkin describes the case he is handling as the most difficult of his career, with a case file exceeding a thousand pages. These cases involve intensive investigations, extensive documentation, and high stakes for the person involved.

Based on an interview with immigration attorney Ilya Fishkin, NY Bar. This information is for general purposes only and is not legal advice.