Can You Be Prosecuted for Immigration Fraud at the Federal Level?

 Posted on April 13, 2026 in Federal Crimes

Immigration is all over the news today. The Trump Administration is cracking down hard on what they believe are cases of immigration fraud, and many people are getting caught in their net. If you are being accused of immigration fraud in 2026, you may be wondering whether things you might have done can lead to serious criminal charges. 

Immigration fraud is not just a reason to be deported. In many cases, it is a federal crime. That means the United States government, not a state government, can charge you, put you on trial, and send you to federal prison. This isn’t the time to take chances or to represent yourself. Call a Chicago criminal defense attorney who knows how to handle these cases and can give you the best defense possible. 

What Is Immigration Fraud?

Immigration fraud means giving false information or hiding true information to get an immigration benefit you would not otherwise qualify for. An immigration benefit could be a visa, a green card, citizenship, or protection from deportation.

Common examples of immigration fraud include:

• Lying on an immigration application, such as hiding a past criminal conviction

• Using fake documents like a fake passport, fake birth certificate, or fake social security card

• Entering into a marriage only to get a green card, when there is no real relationship

• Paying someone to file false information on your behalf

• Claiming to be a U.S. citizen when you are not

Not all of these situations are the same. Some happen because of a genuine misunderstanding. Some happen because a dishonest person gave bad advice. Some are intentional. No matter why or how they happen, federal prosecutors may pursue all of them as crimes.

What Are the Federal Laws Behind Immigration Fraud Charges?

The main federal law used to prosecute immigration fraud is 18 U.S.C. § 1546. This law makes it a crime to use, possess, make, or obtain a visa, permit, or other immigration document through fraud or misrepresentation. Punishment under this law can reach 10 to 25 years in federal prison, depending on the details of the case.

But prosecutors don’t usually stop there. Immigration fraud often leads to additional charges, including:

• Wire fraud or mail fraud, if false information was sent electronically or by mail

• Identity theft, if someone used another person's name or documents

• Conspiracy, if two or more people worked together to commit the fraud

• Perjury, if someone lied under oath during an immigration interview

According to the U.S. Department of Justice, federal prosecutors routinely pair immigration fraud charges with these additional offenses. That means someone facing one charge may quickly find themselves facing five or more. Each charge carries its own possible prison sentence.

Helped Someone Immigrate to the U.S. Illegally? You Could Be Charged Too

A common misunderstanding is that only the person applying for immigration status can be charged. That is not true. Federal law allows prosecutors to charge other people, even if they’re only peripherally involved. In addition to the immigrant who submitted the false information, the government often charges U.S. citizens or lawful residents who participated in a fake marriage. 

They also go after immigration consultants, notaries, or attorneys who helped prepare false documents. Employers who file false paperwork to sponsor a worker can find themselves in serious trouble. If you were involved in an immigration application that included false information, even if you did not know everything that was filed, you could still be investigated.

What Happens When Someone Is Charged With Federal Immigration Fraud?

Federal cases work differently than state cases. Once a federal investigation begins, it may go on for months or even years before charges are filed. Federal agents from agencies like Homeland Security Investigations (HSI) or the FBI often gather large amounts of evidence before making an arrest. By the time you find out you are under investigation, a lot of work has already been done.

The consequences of a federal immigration fraud conviction can be life-changing:

• Prison time in a federal facility, which may be far from your home and family

• Large fines, sometimes reaching hundreds of thousands of dollars

• Permanent bar from receiving any immigration benefit in the future

• Deportation or removal from the United States, even after serving prison time

• Loss of the right to vote or own a firearm if you are a U.S. citizen or green card holder

Even if you are not convicted, simply being charged can affect your immigration status, your job, and your family.

Can You Be Charged with Immigration Fraud if You Made a Mistake? 

Whether you meant to commit fraud does affect a federal immigration fraud case, but it’s not a complete defense on its own. Prosecutors look at what you knew, what you signed, and what you did. If you signed a form stating that all the information was true, a jury may find it difficult to believe you did not know the contents were false.

This is why having a skilled defense attorney is so important from the very beginning of any investigation, not just after you are charged. You need someone who understands every possible option for fighting the government’s case against you. 

What Should You Do If You Are Being Investigated or Charged with Immigration Fraud?

The most important thing you can do is call a federal criminal defense attorney immediately. Do not speak to federal agents, do not try to explain yourself, and do not assume that cooperating will make things better. Anything you say can be used against you in federal court.

A strong defense may be possible. In some cases, the government's evidence is weaker than it appears. In others, there are legal arguments about what you knew, what you really meant to do, or whether the government violated your rights during the investigation. Every case is different, and the right attorney will look closely at the facts before recommending a strategy.

Call a Chicago, IL Federal Criminal Defense Attorney Today

If you or a family member is facing federal immigration fraud charges, the time to act is now. Every day you don’t have a great attorney puts you at a disadvantage. At the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney, our Chicago criminal defense lawyer is a former prosecutor who understands how the federal government works and how to fight back. Call 312-629-0669 today for a free consultation.