New crackdown: US tightens rules for Kenyans, others seeking visa via marriage

This story has significance for readers across Kenya and beyond.

- USCIS director Joseph Edlow publicly announced an aggressive crackdown on marriage fraud schemes on Thursday, August 13

- The agency said it is targeting not just individual applicants but the criminal networks and ringleaders profiting from sham marriages

- Federal law already prescribes up to five years in prison and fines of up to KSh 32.3 million (USD 250,000) for those convicted of marriage fraud

TUKO.co.ke journalist Japhet Ruto has over eight years of experience in financial, business, and technology reporting, offering insights into Kenyan and global economic trends.

The United States Citizenship and Immigration Services (USCIS) has announced a sweeping crackdown on marriage fraud, declaring that the agency is actively pursuing the organised criminal networks behind schemes designed to secure legal immigration status through sham unions.

USCIS director Joseph Edlow made the announcement via the agency's official account on X on Thursday, 13 August, framing the issue as a matter of national security rather than a routine administrative concern.

What are the consequences of sham marriages in the US?

Edlow signalled that enforcement efforts would extend well beyond individual applicants to target the groups orchestrating and profiting from fraudulent marriages.

"Anyone willing to lie, cheat or steal their way to legal immigration status is a direct threat to America's national security. US Citizenship and Immigration Services is aggressively pursuing marriage fraud schemes and the criminal organizations and ringleaders who profit from them," Edlow stated.

He further stated that the agency would "continue to expose fraud, defend the rule of law, and ensure immigration status is reserved for those who truly qualify."

The declaration puts nationals from Kenya and other African countries who may be involved in such arrangements on notice that the agency is shifting its focus toward prosecution at the organisational level.

What marriage fraud means under US law

Under US immigration law, marriage fraud occurs when two individuals enter a marital union exclusively to obtain an immigration benefit, such as a Green Card or permanent residency, with no genuine relationship underpinning the arrangement.

Such schemes typically involve payment to a US citizen or lawful permanent resident willing to take part in the sham marriage.

Federal law treats the offence seriously. A person found guilty faces up to five years in prison and fines of up to KSh 32.3 million (USD 250,000).

Those who organise or derive financial benefit from such schemes face additional charges tied to immigration fraud conspiracy.

Edlow's statement makes clear that USCIS intends to prioritise action against the architects of these operations rather than concentrating enforcement solely on individual foreign nationals caught up in the arrangements.

Which marriages are eligible for green card?

Meanwhile, civil, religious, common-law, and same-sex marriages are recognised by USCIS as possibly eligible for a Green Card.

Since USCIS considers each application on its own merits, a legally recognised marriage by itself does not ensure approval.

Before a Green Card is granted, applicants must demonstrate the validity of their marriage and fulfil all immigration procedures.

Source: TUKO.co.ke

Reporting originally appeared via TUKO. Read the full source for additional context.