FRAUD DETECTION

The CIS Fraud Detection Unit is responsible for making site visits at the homes of married couples in spousal permanent residence ("green card") cases, when the alien spouse is applying for a permanent Green Card. This is in an effort to identify and investigate potential cases of marriage fraud, used to illegally secure immigration benefits. Site visits are not performed in most cases, but petitioners and beneficiaries should at least be aware of the possibility.

The CIS operates the Fraud Detection and National Security Data System. This is a case-management system used to record, track, and manage information related to cases that are suspected of possible fraud. Suspected cases are referred to enforcement agencies such as Immigration and Customs Enforcement (ICE), the Federal Bureau of Investigation (FBI), the U.S. Customs and Border Protection (CBP), and the U.S. Department of State (DOS), among others. The CIS Fraud Detection Unit stores information on immigration applications involving suspected or confirmed fraud, criminal activity, serious public safety concerns, and national security concerns.

Surprise Site Visits are used to verify bona fide relationships. Certain I-130 spousal cases are selected for unannounced site visits based on details in cases that seem suspicious and are considered by the USCIS to be potential indicators of fraud. For instance, a site visit might be made in a case with a significant age difference between the spouses, or if the married couple live at separate residences. 

A surprise site visit may be conducted very early in the morning, allowing the CIS officer to verify whether the couple is actually living together, and to check whether there is evidence the couple is sleeping in the same room. Or, a CIS officer may watch a petitioner's home in the evening, just to see who comes and goes. All of this is used to determine whether the couple is in a bona fide relationship.

During a site visit, the Fraud Detection officer usually collects information on each person found in the residence, including name, date and place of birth, marriage history, and alien number. This information is then entered into a CIS data base and can be crosschecked with existing information and records, and stored for future use, if needed.

Fraud is not worth the risk. CIS has been successful in identifying couples who try to gain immigration benefits through fraudulent marriages. CIS continues to strengthen fraud protection operations and the ability to retain, sort, and share information. Those caught engaging in fraudulent activity may be subject to severe consequences. The alien spouse may be deported and the sponsor may be subject to a very large fine or even imprisonment.
 
It’s clear that those who wish to become permanent residents of the United States must find better alternatives than attempting to defraud the federal government.
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Q.1. If there is a site visit by CIS, what kind of evidence could the couple show the officer to show they are in a bona fiderelationship?
A.1. The site visit is mainly to satisfy the CIS officer’s evaluation about whether or not they are living together in a genuine relationship. That evaluation is based on the officer’s observations rather than on documents that the couple might have.
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Q.2. If there is a site visit and later an interview, but CIS is still not satisfied that the relationship is bona fide, what will happen?
A.2. The alien spouse may be facing Removal or Deportation proceedings. And that means spending a lot of money to hire a lawyer.
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Q.3. If both the husband and wife have limited English ability, will this affect the site visit or an interview?
A.3. The site visit is not announced in advance so the couple will not have a chance to have a translator present when the CIS official comes to the home. For the interview, the couple can hire a translator, at their own expense. 

ROBERT MULLINS INTERNATIONAL www.rmiodp.com www.facebook.com/rmiodp
Immigration Support Services - Tham Van Di Tru 

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