How does the UAFA prevent immigration fraud?
First, the Uniting American Families Act (UAFA) mirrors the Immigration and Naturalization Act's (INA) current requirement that an individual bringing his or her spouse to live in the U.S. must file an affidavit of support in which he or she accepts legal financial responsibility for the immigrating party. This legal responsibility lasts until the permanent partner becomes a U.S. citizen or until he or she can be credited with 40 quarters of work (about 10 years worth) in the U.S. If the immigrant partner accesses means-based benefits before fulfilling this requirement or becoming a U.S. citizen, the government can sue the sponsor. As you can see, this legal financial commitment provides a strong deterrent against fraud.
Second, the UAFA maintains the conditional residence provisions of existing U.S. immigration law. If a couple has been in a permanent partnership for less than two years, the immigrating partner becomes a conditional LPR for two years. The partners must apply together at the end of that two-year period, and submit to an interview with an immigration official demonstrating that they remain in a permanent partnership, in order to lift the condition. Failure to timely apply for the condition to be lifted can result in the deportation of the foreign partner. This provides yet another deterrent against fraud.
Third, the UAFA subjects individuals to the same severe penalties for fraud that currently exist under U.S. immigration law. These penalties include criminal penalties of up to five years in prison and $250,000 in fines for the U.S. citizen, and deportation for the foreign partner.