US Tightens Oversight on Marriage-Based Green Cards

Federal immigration authorities are intensifying their crackdown on marriage fraud, a practice where individuals enter into sham marriages solely to obtain US residency, leading to a heightened risk of deportation for those attempting to exploit the system. 

Recent policy shifts by US Citizenship and Immigration Services (USCIS) mean that applicants who are out of status and whose applications are denied now face potential referral to immigration court and subsequent removal proceedings.

Immigration lawyer Abhisha Parikh warns that the consequences for engaging in such deceptive practices are becoming increasingly severe, particularly for individuals already in violation of their visa status.

Marriage fraud encompasses a range of deceptive tactics, from knowingly entering into fake marriages to deceiving a spouse for immigration gains, and it carries substantial legal repercussions. Authorities require extensive documentation beyond a marriage certificate to prove legitimacy, scrutinising financial records, lease agreements, shared utility bills, and other evidence of cohabitation. A fraudulent application can lead to visa denial, criminal charges, financial penalties, and deportation.

A recent case in West Virginia serves as a potent warning. In May 2025, Aakash Prakash Makwana, an Indian national, pleaded guilty to entering a fraudulent marriage to secure a green card. Makwana initially arrived in the US in 2019 on a J-1 visa for temporary employment. After his visa expired in late 2020, he remained unlawfully in the country. In August 2021, he agreed to pay a US citizen $10,000 to marry him for immigration benefits.

He attempted to bolster his application by forging documents, including a fake lease agreement with a fraudulent signature, to falsely claim shared residence. He also altered financial records. These actions led to charges of aggravated identity theft. The US government actively investigates suspected marriage fraud through collaborations with Immigration and Customs Enforcement (ICE). USCIS also provides an anonymous portal for citizens to report suspected cases, enhancing detection efforts.

Couples seeking permanent residency via marriage must approach the process with caution, integrity, and a comprehensive understanding of the stringent requirements. The complexity of these requirements means that even legitimate couples must navigate the system with great care to ensure they provide all required documentation and meet all deadlines. With increased oversight and stricter enforcement, the era of leniency for fraudulent marriages is fading. 

Legal experts caution that while legitimate pathways to residency exist, applicants must approach them with integrity, fully understanding the stringent requirements.