A federal judge has sentenced actress Fernanda Romero and her husband, Kent Ross to spend 15 weekends in jail and five years of probation after they admitted committing marriage fraud so she could enter the United States.
According to the affidavit, a witness told authorities that Romero paid $5,000 to Ross, a musician and former pizza delivery man, to participate in a bogus marriage. Foreign spouses of U.S. citizens are eligible for legal residency status, work permits and eventually citizenship.
Authorities said Romero and Ross filed several documents containing false statements, such as claims that they lived at the same address. According to prosecutors, Romero also filed documents allegedly containing false statements as to how long she had resided in the United States.
Ross and Romero married in 2005, but were living in separate homes and dating other people.
The federal investigation began after Romero's ex-boyfriend, Markus Klinko, a fashion photographer, alerted immigration authorities to the alleged scam.
Although they both faced up to five years in prison, plus fines and probation, Special Assistant U.S. Attorney Jim Left said the government did not seek jail time.
Nonetheless, Real said the offense was serious enough that prison time was warranted.
Romero, 28, pleaded guilty to making a false statement to immigration authorities.
Ross, also 28, admitted falsely stating on immigration forms that he and Romero were living together in 2005 and 2006.
Marriage Fraud
The typical fact pattern in marriage fraud cases is that a U.S. citizen and an alien get married. They fulfill all state law requirements such as medical tests, licensing, and a ceremony. But the U.S. citizen is paid to marry the alien in order to entitle the alien to obtain status as a permanent resident of the United States; the parties do not intend to live together as man and wife.
A legal issue arises where the parties tell the INS they are married, and they subjectively believe they are telling the truth because they have complied with state marriage requirements. The Supreme Court has ruled that the validity of their marriage under state law is immaterial to the issue of whether they defrauded INS.
Marriage fraud has been prosecuted under
8 U.S.C. § 1325 and 18
U.S.C. § 1546(a). The Immigration Marriage Fraud Amendments Act of 1986 amended § 1325 by adding § 1325(c), which provides
a penalty of five years imprisonment and a $250,000 fine for any "individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws.
If you or someone you know is being charged with marriage fraud or any type of
fraud the federal criminal defense attorneys at
Hedding Law Firm have the experience and the skill to help you get your matter under control.
We at Hedding Law Firm place every effort to get the best results possible for our clients. Let us be your advocate and fight for you.
Contact us for a FREE face to face consultation.