American women looking to distance themselves from foreign-born spouses may drive heightened government actions against marriage fraud.
In a historical move, the Immigration Appeals Committee (BIA) will determine if U.S. citizens can contest previously approved I-130 petitions due to newly uncovered evidence of marriage fraud. This case revolves around a naturalized citizen claiming that her Chinese husband married her solely for a green card and could have significant national implications.
Marriage-based petitions represent the largest segment of green card applications. As government data indicates, the BIA previously focused on supporting foreign appeals rather than reviewing decisions made by U.S. immigration courts.
“The Immigration Appeals Board will assess whether regulations permit U.S. citizens to challenge approved marriage petitions on the grounds of newly identified fraud,” said petitioner’s attorney Cody Brown.
The woman, who chose to remain anonymous, is appealing her husband’s approved petition, citing alleged fraud. In her submission to the BIA, she stated that she intended to secure legal permanent residency while on a temporary visa and provided evidence of her recovery from injuries during this period, claiming she received the green card through marriage.
What sets her case apart is the challenge to an already approved I-130 petition. This form, submitted by a U.S. citizen or legal resident, seeks recognition of a marital relationship for immigration purposes.
The core issue revolves around a regulation that allows the BIA to review the Department of Homeland Security’s “decisions.” Brown contends that “decisions” encompass both approvals and rejections. He hopes that if the BIA affirms his argument, it may prompt officials to reevaluate previously approved petitions more thoroughly.
“This is a critical test of whether the Trump administration is committed to enforcing immigration laws,” Brown stated. “Announcing a ‘war on fraud’ seems contradictory if there are officials within the DOJ who can quietly shield those decisions from scrutiny.”
Addressing marriage fraud
Marriage fraud is a serious offense under U.S. law, rendering guilty immigrants ineligible for certain benefits. Advocates have long claimed that federal agencies have not prioritized addressing this issue.
Marriage is the primary method for immigrants to attain legal permanent residency, with family sponsorship accounting for the majority of green cards issued. According to DHS statistics, in 2023, more than 755,800 immigrants received green cards through family ties, with 276,080 linked to spousal sponsorship. Yet, data suggests minimal enforcement against marriage fraud.
Rather than routinely releasing statistics on fraud-related rejections, USCIS provides information through Freedom of Information Act requests. The available documentation underscores the nature of marriage fraud in these proceedings.
Between 2016 and 2019, data indicated virtually no refusals in major forms utilized for marriage-based immigration disputes, pointing to a long-standing lack of enforcement in this area.
“For years, USCIS and DOJ have been aware of high rates of marriage fraud,” remarked Matt O’Brien, former chief of fraud detection at USCIS. “However, pressures from various advocacy groups and the DOJ’s hesitance to pursue cases without assured victories have fostered an environment where fraudulent marriages largely go unpunished.”
“This lax approach potentially allows for other forms of abuse, including using claims of domestic violence to obtain green cards,” he added.
As a representative at a law firm specializing in cases of immigration fraud, Brown is well-acquainted with these challenges. In July, he spearheaded a group of marriage fraud victims advocating for federal immigration officials to establish formal procedures for addressing fraud claims.
Evidence of marriage fraud often surfaces after petitions are already granted, and without a structured process for reviewing approved cases, victims face limited recourse.
“If a foreign applicant feels wronged, they have numerous options to appeal,” Brown noted. “But when a U.S. citizen discovers fraud after approval, they are often left to fend for themselves.”
Escalated enforcement efforts
The Trump administration, known for its strict stance on illegal immigration, has started to take steps against marriage fraud.
In March, USCIS dismantled a significant domestic marriage fraud scheme, uncovering a network that allegedly profited millions through fraudulent wedding arrangements in collaboration with immigration authorities. Those behind the scheme reportedly charged between $20,000 and $40,000 per false marriage.
However, such operations typically involve overtly sham marriages, while one-sided fraud cases present more complexity for authorities.
After returning to USCIS early this year, director Joe Edrow recognized significant inaction regarding immigration fraud during the preceding four years. He pledged to tackle issues like asylum fraud, streamline processes, and enhance electoral integrity.
Following President Trump’s inauguration, a series of dismissals occurred within the immigration court system, targeting judges viewed as misaligned with the administration’s objectives.
Trump’s administration has implemented unprecedented measures to reduce illegal immigration, leading to record levels of border activity. Brown believes that the current focus on marriage fraud aligns with Trump’s broader, tough-on-immigration strategy.
When approached for comment, the BIA’s overseeing agency acknowledged its authority over family immigration petitions while redirecting queries regarding petition approvals to the DHS. The EOIR representative affirmed the agency’s longstanding commitment to addressing immigration fraud issues.
