The United States Citizenship and Immigration Services (USCIS) has announced a stringent crackdown on marriage fraud schemes, emphasizing efforts to dismantle organised criminal networks exploiting visa processes through sham marriages.

USCIS Director Joseph Edlow revealed the initiative on August 13, highlighting that the agency's focus extends beyond individual applicants to include those orchestrating and profiting from fraudulent unions. Edlow described such actions as threats to national security, stating:

"Anyone willing to lie, cheat or steal their way to legal immigration status is a direct threat to America's national security."

Under US immigration law, marriage fraud involves entering a marital relationship solely to obtain immigration benefits such as a Green Card, without a genuine partnership. These schemes often involve payments to US citizens or lawful permanent residents who consent to participate in the sham marriages.

Federal penalties for those convicted include up to five years imprisonment and fines reaching KSh 32.3 million (USD 250,000). Additionally, organisers and beneficiaries of these schemes face further charges related to immigration fraud conspiracy.

The crackdown serves as a warning to nationals from Kenya and other countries that USCIS will prioritise prosecuting the architects of marriage fraud rings rather than focusing only on individual cases.

Eligibility for Green Cards via Marriage

USCIS recognises various forms of marriage, including civil, religious, common-law, and same-sex unions, as potentially valid paths to a Green Card. However, each application undergoes thorough scrutiny to verify the legitimacy of the marriage and compliance with immigration requirements before approval.