Forensics Journal - Stevenson University 2014 | Page 24

FORENSICS JOURNAL

and law enforcement officers have begun using social networking sites
to investigate persons of interest (Chetrit 720). Facebook is the most
commonly used site for investigations due to its popularity and easy
search options.

the statistic given regarding marriage fraud was completely false (Winston). Immigration marriage fraud is not nearly as prevalent in the
United States as society may think, however it does exist. Over the
years, USCIS has enacted different measures in attempts to prevent
immigration marriage fraud, but there are ways that USCIS could
further decrease the amount of fraudulent I-130 petitions.

In 2008, a memorandum written by FDNS, entitled “Social Networking Sites and Their Importance to FDNS” was released. The
memorandum suggested USCIS officers create fake accounts in order
to search for couples to add as friends on sites such as Facebook.
By having access to a profile of the spouse, the officer can see their
photographs, relationship status, current city, and other personal
information. Officers can verify that the spouse is listed as married
and that their photographs reflect an individual engaged in an exclusive relationship.

Even though the Immigration Marriage Fraud Act of 1986 was developed after false reporting by the INS Commissioner Alan Nelson, the
IMFA created a program of conditional residency which helped to
detect and prevent fraud in marriage petitions (McHugh-Martinez).
The change from receiving immediate legal permanent resident status
to conditional resident status permitted checkpoints to be established
on the path to naturalization. The two year conditional approval
helped prevent fraudulent marriage petitions because U.S. citizens
realize that assisting an immigrant who has paid them or an immigrant friend who needs a favor, is no longer a quick process of getting
married and filing the petition. Instead, the potential fraudulent
marriage takes much more of a commitment on the part of the U.S.
citizen. The ruse must be maintained for over a two-year time period,
as the couple committing the fraudulent marriage must file a new
petition to have the conditions lifted from the green card of the beneficiary (Poole 1). By filing the new petition, the couple may be asked
to return for another interview. The couple will have to provide the
same sort of documentary evidence to the USCIS officer as they did
during in the initial interview in order to prove that they are still married (McHugh-Martinez). The officer asks the couple similar questions as during the first interview to confirm that the relationship is
bona fide. If the couple does not file to have the conditions removed
from the green card or are not approved for permanent residency at
the interview, the immigrant spouse will no longer have legal status
in the United States and deportation proceedings can begin soon
thereafter (Poole 2). In cases such as these, the consequences that the
fraudulent couple endures can be used as a deterrent to other immigrants who might consider marrying for a green card.

The memorandum generated negative publicity for USCIS and other
investigative government agencies. Due to its lack of guidance, the
memorandum does not inform officers whether they must reveal to
their new “friends” ]^H\