Immigration fraud is a serious crime that involves deceiving or providing false information to government authorities to obtain an immigration benefit for which one is not eligible.

It can be committed by an individual applying for a benefit, or by a third party (like a lawyer, consultant, or employer) who assists in the deception.

ABSOLUTELY!

Contact the ICE tipline by calling 1-866-347-2423 or online at HTTPS://WWW.ICE.GOV/TIP

Contact the USCIS tipline by calling 1-800-375-5283 or online at HTTPS://WWW.USCIS.GOV/REPORT-FRAUD 

It is extremely difficult to withdraw an Affidavit of Support, and in most cases, it is effectively impossible once the green card has been issued.

The Affidavit of Support (Form I-864) is not a simple promise; it is a legally enforceable contract between the sponsor (and any joint sponsors) and the U.S. government. Its primary purpose is to ensure the immigrant will not become a "public charge" (dependent on government need-based benefits).

Here’s a breakdown of the possibilities and limitations for withdrawing an I-864.

When Withdrawal is POSSIBLE (Before the Final Step)

Withdrawal is only a realistic option before the immigration process is finalized.

1. Before the Immigrant's Application is Approved:

   • If the application is still pending with U.S. Citizenship and Immigration Services (USCIS) or the U.S. consulate abroad, the sponsor can send a notarized letter stating they wish to withdraw their support.

   • This will almost certainly lead to the denial of the immigrant's application for a green card, as the financial support requirement will no longer be met.

2. Before the Immigrant Obtains Lawful Permanent Resident (LPR) Status:

   • Even if the application is approved, if the immigrant has not yet been admitted to the U.S. with their immigrant visa or has not adjusted their status within the U.S., the sponsor's withdrawal may still prevent the final grant of status.

Key Point: Once the immigrant uses the Affidavit of Support to enter the U.S. or adjust status to become a Lawful Permanent Resident (green card holder), the contract becomes fully effective and cannot be withdrawn.

When Withdrawal is NOT Possible (The Most Common Scenario)

Once the green card is granted, the obligations under the I-864 are triggered and are irrevocable. This remains true even if:

• You get divorced.

• You have a falling out with the immigrant.

• The immigrant moves to another state.

• You regret signing the form.

• Your financial situation changes for the worse.

The obligations last until the immigrant ceases to be a lawful permanent resident and leaves the U.S., or achieves one of the following "termination events":

• Becomes a U.S. citizen.

• Has earned or can be credited with 40 quarters of work (roughly 10 years) under the Social Security Act.

• Is no longer living in the U.S. and has formally abandoned their green card status (and is not in removal proceedings).

• Dies.

What Can a Sponsor Do If They Can't Withdraw?

Since you cannot simply cancel the contract, your options are limited if the immigrant is seeking financial support from you:

1. Reimbursement to the Government: If the immigrant receives any "means-tested" public benefits (like Medicaid or TANF), the benefit-granting agency will likely seek reimbursement from you, the sponsor, first. If you pay the agency back, your obligation for that specific instance is fulfilled, but the overall contract remains in effect.

2. Suing the Immigrant: The contract allows the sponsor to sue the immigrant for reimbursement if the sponsor is forced to pay out support. However, this requires going to court, and winning a judgment can be difficult and expensive if the immigrant has no assets or income.

3. Requesting a Change: In very rare circumstances, if another person is willing to file a new Affidavit of Support (Form I-864) to replace yours, USCIS might allow the substitution. This is not a standard procedure and is highly discretionary. It typically only happens in family-based cases where the relationship with the original sponsor has broken down but a new qualifying relationship exists (e.g., the immigrant marries a different U.S. citizen who is willing to sponsor them).

Summary

ScenarioCan the I-864 Be Withdrawn?OutcomeBefore green card is issued (application pending)YesApplication will likely be denied.After green card is issuedNoThe sponsor's obligations are legally binding until one of the termination events occurs.

Crucial Takeaway: Signing an Affidavit of Support is one of the most significant financial commitments a person can make. It is vital to understand that it is a legally enforceable contract that is not nullified by changes in relationship status or personal feelings. Anyone considering signing one should consult with an experienced immigration attorney beforehand.

At a Glance: The Core Difference

• Divorce is the legal termination of a valid marriage. It acknowledges that a marriage existed and is now being dissolved.

• Annulment is a legal decree that a marriage was never valid in the first place. It declares the marriage null and void, as if it never legally happened.

Think of it like this:

• Divorce is like legally ending a contract.

• Annulment is like proving the contract was never legally binding to begin with.

Comparison Table

FeatureDivorceAnnulmentLegal EffectTerminates a valid marriage.Declares a marriage null and void.Legal StatusThe marriage is recognized as having existed.It is as if the marriage never legally existed.Grounds (Reasons)Based on problems that arose during the marriage (e.g., irreconcilable differences, adultery, abandonment).Based on a defect that existed at the very time of the marriage (e.g., fraud, bigamy, incapacity).Time LimitCan generally be filed at any time after marriage.Often has strict time limits (statutes of limitations) from the date of discovery of the grounds or the marriage.Financial OutcomesAlimony (spousal support) is common. Marital property is divided.Alimony is rarely awarded. Property division is based on principles of equity and contract law, not community property laws.ChildrenChildren from the marriage are still considered legitimate. Custody and child support are determined.Children from the marriage are still considered legitimate. Custody and child support are determined.Religious ViewOften not recognized by certain religions (e.g., Catholicism).A religious annulment (separate from a legal one) may be sought to satisfy religious doctrine.Social StigmaCan sometimes carry a social stigma (though this is fading).May be sought to avoid the label of "divorce" for personal or religious reasons.

Detailed Explanation of Grounds for Each

Grounds for Divorce

Divorce is based on the concept that the marriage broke down after it began. Most states now have "no-fault" divorce, but "fault-based" grounds still exist.

• No-Fault: The most common reason. Phrases like "irreconcilable differences," "irretrievable breakdown," or "incompatibility" are used. Neither spouse is required to blame the other.

• Fault-Based: A spouse can allege specific wrongdoing by the other party to try and gain a more favorable outcome in terms of alimony or property division. Examples include:

  • Adultery

  • Cruelty (physical or mental)

  • Abandonment for a specified period

  • Imprisonment for a felony

Grounds for Annulment

Annulment requires proving that a fundamental legal requirement for marriage was missing at the moment the marriage ceremony took place. These are much stricter and harder to prove than grounds for divorce.

• Fraud or Misrepresentation: One spouse agreed to the marriage based on a serious lie (e.g., lying about wanting children, hiding a severe addiction, or marrying solely for a green card).

• Concealment: Hiding a major fact (e.g., already having children, a criminal past, or an inability to have sexual relations).

• Bigamy: One spouse was already legally married to someone else at the time of the marriage.

• Incest: The spouses are close blood relatives where marriage is prohibited by law.

• Lack of Consent:

  • Underage: A party was under the legal age of marriage and did not have parental or court consent.

  • Mental Incapacity: A party was unable to understand the marriage contract due to mental illness, disability, or the influence of drugs or alcohol.

  • Duress: A party was forced into the marriage under threat or coercion.

• Marriage Prohibited by Law: violating state laws, such as waiting period requirements.

Key Considerations

• Difficulty: Obtaining an annulment is generally much more difficult than getting a divorce. You must provide clear and convincing evidence of the grounds. Divorce, especially no-fault divorce, is a more straightforward process.

• Religious Annulment: It is crucial to distinguish a legal annulment from a religious annulment. A court grants a legal annulment. A religious authority (like the Catholic Church) grants a religious annulment. They are separate processes. A religious annulment has no legal effect on your marital status in the eyes of the government, and vice versa.

• Children are Legitimate: In the eyes of the law, children born from a marriage that is later annulled are still considered legitimate. The father is still legally responsible for child support, and custody arrangements must be made just as in a divorce.

Which One is Right For You?

In the vast majority of cases, divorce is the appropriate and only available path. Annulment is a specific legal remedy for a specific set of circumstances that made the marriage invalid from its inception.

You should consult with a qualified family law attorney to discuss the specific facts of your situation. They can advise you on whether you have valid grounds for an annulment or if filing for divorce is the correct course of action.

No, a divorce does not validate a fraudulent marriage. This is a critical distinction in both family law and immigration law. Here’s a detailed breakdown of why:

1. Legal Purpose of Divorce vs. Annulment

• Divorce dissolves a legally valid marriage. It acknowledges that a marriage existed and is being terminated.

• Annulment declares that a marriage was never legally valid from the start due to specific grounds (e.g., fraud, bigamy, incapacity).

If a marriage was fraudulent (e.g., entered into solely for immigration benefits), it was never legally valid. A divorce does not retroactively make that fraudulent marriage legitimate. Instead, the appropriate remedy is an annulment or a legal invalidation of the marriage based on fraud.

2. Immigration Consequences

• In immigration contexts, fraudulent marriages are voidable. If U.S. Citizenship and Immigration Services (USCIS) discovers fraud, they can:

  • Deny immigration benefits (e.g., a green card) based on the marriage.

  • Revoke a green card already obtained through fraud.

  • Initiate deportation proceedings against the immigrant spouse.

  • Issue a permanent ban on future U.S. immigration benefits for the fraudulent spouse.

• Divorcing the fraudulent spouse does not "fix" the fraud. USCIS can still investigate and take action even after a divorce. In fact, divorcing quickly (especially before conditions on a green card are removed) may trigger increased scrutiny.

3. Why People Might Think Divorce "Validates" Fraud

• Misunderstanding of the process: Some assume that ending the marriage via divorce severs all ties and obligations, but immigration fraud has lasting legal consequences.

• Practical outcomes: If the fraud is never discovered, the immigrant spouse might retain benefits (e.g., a green card) even after divorce. However, this is due to the fraud going undetected, not because the divorce made the marriage valid.

4. What Should You Do?

• Report the fraud: If you discover your marriage was fraudulent, consult an immigration attorney immediately. You may need to:

  • Withdraw your Form I-130 (Petition for Alien Relative) if it is pending.

  • Report the fraud to USCIS via a formal letter (with evidence) if the green card was already granted.

  • Cooperate with authorities if an investigation occurs.

• Seek an annulment: While not always necessary for immigration purposes, an annulment legally reinforces the claim that the marriage was invalid. Grounds for annulment vary by state but often include fraud.

• Protect yourself: If you were unaware of the fraud, you likely won’t face penalties, but you must proactively dissociate yourself from the fraud by reporting it.

5. Key Takeaway

• Divorce ends a valid marriage; it does not purify a fraudulent one. Immigration authorities care about the intent at the time of marriage. If the intent was fraudulent, the marriage is invalid, and divorce does not change that fact.

If you are in this situation, consult both an immigration attorney and a family law attorney to ensure you take the correct steps to protect yourself legally.

Immediate and Critical Actions

1. Prioritize Your Safety: If you feel threatened or unsafe in any way, remove yourself from the situation immediately. Your physical and emotional well-being is the top priority.

2. Gather Evidence (Discreetly and Carefully):

   • The most important thing you will need is proof of the fraud. USCIS will not act on suspicion alone.

   • What constitutes evidence? Proof that your spouse entered the marriage solely for immigration benefits and not to build a life with you.

   • Examples: Emails, text messages, or social media messages where they admit to the fraud or discuss the plan with others. Evidence of a separate romantic partner. Proof they never intended to live with you (e.g., a lease on another apartment, mail going to a different address). Testimony from witnesses who have knowledge of the fraud. Financial records showing no comingling of funds (separate bank accounts, no shared bills or assets).

   • Caution: Do not break any laws to gather this evidence (e.g., do not illegally record conversations if your state requires two-party consent).

3. Consult an Immigration Lawyer Immediately:

   • This is not a DIY situation. You need expert advice. An experienced immigration attorney can guide you on the specific process, the strength of your evidence, and how to proceed without implicating yourself.

   • They can also advise you on your own potential liability if you were unaware of the fraud when filing the initial paperwork (Form I-130 Petition for Alien Relative).

How to Report the Fraud

Once you have evidence and have consulted a lawyer, you can report the fraud to the U.S. government. You have two main avenues:

1. Withdraw Your Petition (If It's Still Pending)

• If you filed Form I-130 and it has not yet been approved, you can withdraw the petition by sending a notarized letter to the USCIS service center that is processing it. This is the most direct way to stop the process. Include your receipt number and a clear statement that you are withdrawing your support.

2. Report the Fraud to USCIS

• If the petition is already approved and your spouse has a conditional green card (or if they are applying for one), you must formally report it.

• Do NOT sign the Form I-751 Petition to Remove Conditions on Residence. If you are asked to sign this joint petition two years after they get their green card, refusing to sign will trigger a review process. Your spouse will then have to apply for a waiver and prove the marriage was entered in good faith, which will be difficult if you report the fraud.

• You can proactively report the fraud to USCIS:

  • Write a detailed letter to the USCIS office that handled your file or to the USCIS office where your spouse will have their interview. Include your name, address, Alien Number (A-Number), and receipt numbers.

  • Detail the facts of the case chronologically.

  • Include copies of all your evidence (keep the originals for your records).

  • Send the letter via certified mail so you have a record of it being received.

3. Report to Law Enforcement

• You can also report the crime to U.S. Immigration and Customs Enforcement (ICE) through the Homeland Security Investigations (HSI) Tip Line.

  • Phone: 1-866-DHS-2-ICE (1-866-347-2423)

  • Online: www.ice.gov/webform/hsi-tip-form

What to Expect After Reporting

• Investigation: USCIS and/or ICE will investigate your claim. This process can take a long time.

• Interview: You may be called to give a statement or testify.

• Outcomes for Your Spouse: If fraud is proven, the consequences for your spouse are severe:

  • Denial of pending applications.

  • Revocation of their green card.

  • Placement in removal (deportation) proceedings.

  • A permanent bar from obtaining any U.S. immigration benefit in the future due to fraud.

Protecting Yourself

• Divorce: You should proceed with filing for divorce. This severs the legal relationship and is a clear statement that the marriage is over. Provide a copy of the divorce decree to USCIS as further evidence.

• Your Own Record: If you can prove you were an innocent victim who entered the marriage in good faith, you should not face penalties. Your withdrawal of the petition or report of fraud demonstrates that you did not participate in the scheme once you discovered it.

• Therapy: This is a profound betrayal. Consider seeking support from a therapist or counselor to help you process the emotional trauma.

Summary of Your Next Steps:

1. Stay calm and safe.

2. Gather evidence discreetly.

3. CONTACT AN IMMIGRATION LAWYER. This is the most critical step.

4. Do not sign any further immigration paperwork (especially the I-751).

5. Formally withdraw your petition and/or report the fraud to USCIS and/or ICE based on your lawyer's advice.

6. File for divorce.

By taking these steps, you are not only protecting yourself from legal complicity but also upholding the integrity of the U.S. immigration system.

The Core Principle: Jurisdiction and Recognition

The two most critical questions in any international divorce are:

1. Jurisdiction: Which country's court has the legal authority to grant your divorce?

2. Recognition: Will the divorce decree be legally recognized in the other country (especially the U.S.)?

Your goal is to get a divorce that is valid and recognized in all countries where it matters to you (e.g., where you live, own property, or might live in the future).

Step 1: Determine Where You Can File

You typically have a choice of where to file, but you must meet the "residency" or "domicile" requirements of that place. Common options include:

1. In the U.S. (Your State):

   • Requirements: You must meet your state's residency requirements. These vary but often range from 3 months to a year. You can establish residency even if your spouse lives abroad.

   • Process: You would file for divorce in your local county court. Your spouse, being overseas, will have to be formally served with the divorce papers according to international treaties (like the Hague Service Convention), which can be complex and slow.

   • Advantage: You are dealing with a familiar legal system, likely in your native language.

2. In Your Spouse's Country:

   • Requirements: Your spouse will likely meet the residency requirements there. They may file for divorce locally.

   • Process: If you are served with divorce papers from a foreign court, you must decide whether to:

     • Participate: Hire a lawyer in that country to represent your interests.

     • Default: Do nothing, which will likely result in a default judgment in your spouse's favor on all terms (custody, property, etc.). This is very risky.

   • Challenge Jurisdiction: You could potentially challenge the foreign court's authority, but this requires legal action.

3. In a Third Country:

   • In rare cases, if you or your spouse have significant ties to a third country (e.g., citizenship, assets), you might be able to file there. This is uncommon and adds layers of complexity.

Step 2: Understand the Key Issues in an International Divorce

Where you file will drastically change the outcomes on these critical matters:

• Grounds for Divorce: The U.S. primarily uses "no-fault" divorce. Some other countries still require proof of wrongdoing (like adultery or abandonment), which can make the process more adversarial.

• Division of Assets (Property): Laws vary wildly.

  • Common Law (most U.S. states, UK, Canada): Typically follows the principle of "equitable distribution" of marital property.

  • Community Property (some U.S. states, France, Spain): Assets acquired during the marriage are owned 50/50.

  • Other Systems: Some countries have laws that may seem unfavorable from a U.S. perspective.

• Spousal Support (Alimony): The rules for calculating the amount and duration of support differ greatly by country.

• Child Custody and Support: This is the most sensitive area. The 1980 Hague Convention on the Civil Aspects of International Child Abduction is a critical treaty designed to return children wrongfully removed or retained across international borders. The U.S. and many other countries are signatories. Where you file for divorce can set the stage for future custody disputes.

Step 3: The Question of Annulment

An annulment is even more complex internationally.

• Grounds are Strict: You must prove the marriage was never valid (e.g., bigamy, fraud, incapacity, close relation). The definitions of these grounds differ by country.

• Higher Burden of Proof: You will need evidence that is admissible in the court where you file.

• Recognition is Uncertain: It can be even harder to get a foreign annulment recognized in the U.S., and vice-versa, due to the specific legal findings required.

• Recommendation: Unless you have a very strong, clear-cut case (e.g., your spouse was already married), pursuing a divorce is almost always the more straightforward and reliable path.

Step 4: Ensuring U.S. Recognition of a Foreign Divorce

If you get divorced outside the U.S., you must ensure it will be recognized at home. U.S. courts generally recognize a foreign divorce decree if:

1. Both parties participated: Ideally, both you and your spouse made an appearance in the foreign court.

2. The foreign court had proper jurisdiction: This is based on a genuine connection, such as the nationality or domicile of one of the parties.

3. The proceedings complied with local law: The divorce was obtained fairly according to the laws of that country.

To use your foreign divorce in the U.S. (e.g., to remarry), you may need to have it "domesticated" or recognized by a U.S. court, which can involve a separate legal proceeding.

Action Plan: What to Do Now

1. Consult a U.S. Family Law Attorney Immediately: This is your first and most important step. Find a lawyer in your state who has experience with international divorces. They can:

   • Advise on your state's residency requirements.

   • Analyze the advantages of filing in the U.S. vs. abroad.

   • Guide you on international service of process.

   • Protect your interests regarding assets and potential custody issues.

2. Gather Documents: Locate and secure copies of your:

   • Marriage certificate (and its certified translation if not in English)

   • Prenuptial or postnuptial agreement (if any)

   • Proof of your residency (driver's license, lease, utility bills)

   • Records of assets and debts

3. Do NOT Ignore Foreign Legal Papers: If you are served with divorce papers from another country, do not ignore them. Contact your U.S. attorney immediately. They will likely need to hire a lawyer in that country to advise on the process and protect your rights.

Disclaimer: This is a highly complex area of law. The information provided here is for general guidance only and does not constitute legal advice. Your specific circumstances will dictate the best course of action, so consulting with a qualified attorney is essential.

Yes, domestic violence can be a deportable offense for a non-citizen in the United States. The specific outcome depends heavily on the exact nature of the crime, the individual's immigration status, and their criminal history.

Here is a detailed breakdown of how domestic violence can lead to deportation:

1. As a "Crime of Domestic Violence"

Under the Immigration and Nationality Act (INA), a non-citizen (whether a lawful permanent resident/green card holder or a nonimmigrant visa holder) can be placed in deportation (removal) proceedings if they are convicted of a "crime of domestic violence."

• What qualifies? This is a broad category that includes any crime of violence (as defined by federal law) committed against a:

  • Current or former spouse

  • Intimate partner or cohabitant

  • Person with whom the offender shares a child

  • Other protected domestic relationships as defined by state law

• Key Point: It requires a conviction. An arrest or charges alone are not enough for deportation, though they can lead to immigration detention and complicate status renewal or citizenship applications.

2. As an "Aggravated Felony"

Some more serious domestic violence offenses are classified as "aggravated felonies" under immigration law. This is the most severe classification and carries the harshest consequences:

• Mandatory Deportation: A conviction for an aggravated felony makes deportation virtually mandatory. Judges have no discretion to allow the person to stay.

• Permanent Bar: Someone deported for an aggravated felony is permanently barred from ever returning to the U.S.

• No Relief: They are ineligible for almost all forms of relief from deportation, such as cancellation of removal or asylum.

• What domestic crimes are "aggravated felonies"?

  • Crimes of Violence with a prison sentence of at least one year. (Even if the sentence was suspended, the designated time matters).

  • Murder, rape, or sexual abuse of a minor.

  • Stalking or child abuse can also be categorized as aggravated felonies under certain circumstances.

3. As a "Crime Involving Moral Turpitude" (CIMT)

Many domestic violence crimes (like assault with intent to harm) are also considered Crimes Involving Moral Turpitude (CIMT). A conviction for a CIMT can also be grounds for deportation, especially if it occurs within five years of admission to the U.S. or if the person has multiple CIMT convictions.

4. Under the "Public Charge" Ground

A non-citizen can also be deemed deportable for being convicted of a crime that qualifies them as a "public charge" or for being a threat to public safety. A pattern of domestic violence can easily be used by immigration authorities to argue this.

Additional Critical Consequences

Beyond deportation, a domestic violence conviction can have other severe immigration consequences:

• Inadmissibility: Even if not deported, a conviction can make a non-citizen inadmissible, meaning they cannot re-enter the U.S. if they leave, adjust their status, or obtain a green card in the future.

• Bars to Citizenship: A domestic violence conviction can disrupt the path to U.S. citizenship. To naturalize, an applicant must demonstrate "good moral character" (GMC). A domestic violence conviction will almost always establish a permanent bar to proving GMC.

• Victim Protection: The VAWA Option

  • It's important to note that U.S. immigration law also protects victims. The Violence Against Women Act (VAWA) allows abused spouses and children of U.S. citizens or lawful permanent residents to self-petition for a green card without the abuser's knowledge or help. This law applies to both women and men.

Summary Table

Offense CategoryDeportable?Key DetailsCrime of Domestic ViolenceYesRequires a conviction for a crime of violence against a protected domestic victim.Aggravated Felony (e.g., serious assault with a 1+ year sentence)Yes, MandatoryMost severe category. Permanent bar from re-entry. No relief from deportation.Crime Involving Moral Turpitude (CIMT)Yes, possibleDepends on timing and number of convictions.Arrest or Charges OnlyNot directlyCan lead to detention, complicate status, and hurt future applications.

Disclaimer: This is a complex area of law where immigration law and state criminal law intersect. The specific facts of the case and the state's criminal statutes are critical.

If you or someone you know is facing this situation, it is absolutely essential to consult with an experienced immigration attorney immediately. A criminal defense attorney should also be aware of the potential immigration consequences of any plea deal.