united-states immigration
Are the standards of proof different for a U.S. versus a foreign national in an alleged &quot;sham marriage?&quot;
<p>It is not illegal for a U.S. citizen (or anyone else) to marry for money in the U.S. But from what I understand, it is a felony for a U.S. citizen to receive money from a foreign national to enter a <a href="https://en.wikipedia.org/wiki/Sham_marriage" rel="nofollow noreferrer">sham marriage</a> to facilitate the foreigner's immigration.</p>

<p>A felony charge has to be proved "beyond a reasonable doubt." Does this standard also apply to the foreign national who will have to face deportation?</p>

<p>And suppose there are complicating circumstances. For instance, the U.S. partner really wanted to be married to the other person even if money was a factor, while the foreigner did not. Or vice-versa. Would sanctions then be applied to only the guilty party and not the other?</p>

<p>The standard of proof for a criminal conviction is the same. So they would similarly need to prove beyond a reasonable doubt to convict the foreign national of a crime.</p>

<p>But deportation is not a criminal proceeding, and has a different standard of proof. (In deportation you also don't have criminal defendant rights like right to an attorney if you can't afford one.) I believe the standard is "clear and convincing evidence".</p>
