What is Considered Immigration Fraud in the US?

Have you ever considered using a relative’s birth certificate to enter the U.S.? Did you lie on a visa application? Or are you thinking of getting married just to get papers? Be careful, mi gente! Even if these actions seem harmless or like a “quick fix,” they can seriously damage your immigration record and change your life forever.

Hi! I’m immigration attorney María Mendoza. In my more than 15 years of experience, I’ve seen how these types of mistakes can ruin cases that could have been easily resolved if no fraud had been committed. That’s why I want to explain the most common forms of immigration fraud, their serious consequences, and what options may still be available if you made a mistake in the past.

What Is Immigration Fraud Under U.S. Law?

According to the USCIS Policy Manual, immigration fraud happens when a person makes a false statement about a material fact with the intent to mislead immigration authorities. It’s a serious offense that can be treated as a federal crime and lead to harsh consequences, including being permanently inadmissible to the United States.

For a free case evaluation, call +1 (202) 933-3379

1. Lying to Get a Tourist Visa

One of the most common types of immigration fraud is providing false or incomplete information when applying for a tourist visa. Examples include:

• • • Hiding the fact that you have a U.S. citizen child

    • Denying that you have family living in the U.S.

    • Claiming a different reason for your trip than your true intent

Consequence: USCIS may consider this to be a case of fraud. Even if you get the visa and enter the country legally, that lie can later prevent you from getting a Green Card.

Did you lie without knowing it could hurt your future? In some cases, you may qualify for a Waiver of Inadmissibility (Form I-601)—but only if you can prove that your U.S. citizen or lawful permanent resident spouse or parent would suffer extreme hardship without you.

You may also be interested in: I-601A Waiver: The Most Popular Process for Immigrants Who Entered the U.S. Illegally. 

2. Using Documents That Belong to a U.S. Citizen

Using someone else’s birth certificate, passport, or driver’s license—even if they’re your sister or cousin—is considered serious immigration fraud. This often happens when people:

• • • Try to enter the U.S. through the border

    • Apply for a driver’s license

    • Apply for a job

    • File taxes

Consequence: If you used U.S. citizen documents after September 30, 1996, you could be subject to permanent bar—a punishment with no available waiver. This is one of the harshest penalties in immigration law. Even simply stating “I’m a U.S. citizen” when you are not—without showing any false documents—can lead to this permanent bar.

Not sure if your past actions count as fraud? You can always request your immigration file and review it with an immigration attorney before filing any new application.

I explain more in this video: Did you enter the United States with false documents, and want to fix your papers?

Click to contact our immigration lawyers today

3. Getting Married Just for Immigration Papers

Marriage fraud occurs when someone marries a U.S. citizen or lawful permanent resident without a genuine relationship, only to gain immigration benefits.

Consequence: If you get caught, you can be found inadmissible for fraud and even face criminal charges. If you’ve already received your Green Card, you could lose it if your marriage is found to be fraudulent.

To be valid under immigration law, your marriage must be bona fide, meaning it’s based on love and a real intent to build a life together, not just for immigration status.

Complete a Free Case Evaluation form now

Think You May Have Committed Immigration Fraud? You Might Still Have Options

Immigration fraud is a serious ground of inadmissibility—but in some cases, you might still be able to apply for a waiver (Form I-601) if you can prove that your U.S. citizen or Green Card holder spouse or parent would suffer extreme hardship without you.

And if you don’t have a qualifying relative, you may still be eligible for humanitarian visas, such as:

• • • U Visa – If you were a victim of a serious crime classified by USCIS and helped law enforcement.

    • VAWA – If you suffered abuse by a U.S. citizen or green card holder spouse, parent, or child older than 21 years.

    • T Visa – If you were a victim of trafficking, labor abuse, or sexual exploitation. 

These visas can offer not only protection from deportation, but also a pathway to legal status without leaving the country.

Learn more about it: How Does the T Visa Help Victims of Human Trafficking?

Worried You May Have Committed Immigration Fraud?

I understand that entering the U.S. legally isn’t always easy. Along the way, many people receive bad advice or feel pressured to lie. If you or someone you know is unsure about their immigration history or suspects they may have committed fraud, schedule a free evaluation with my team today.

At The Mendoza Law Firm, we work with integrity and a deep commitment to truth. We believe that helping the immigrant community should never involve lying or risking your future. Our goal is to protect families through honest legal strategies and real options that defend your right to stay and build a dignified, lawful, and safe life in the U.S.

Telling the truth is a key part of the journey to achieving the American Dream—and my team and I are here to support you every step of the way.

¡La lucha sigue!