Thursday 03 December 2009
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Fiscalía Investigates Lawyers For "Marriages of Convenience"

The Fiscalía confirmed Wednesday it is investigating at least two lawyers and notaries for officiating more than 100 marriages of convenience. The lawyers were identified as Katia Salas Guevara and Christian García Morales, both having offices in San José.

The lawyers are alleged to have tied the knot between foreigners and Costa Rican nationals for the sole purpose of the foreigner obtaining residency in Costa Rica, in most of the cases without ever meeting his or her Costa Rican spouse.

The Fiscalía looking into reports that a number of the Costa Ricans were married to the foreigner without their consent.

The use of marriage as a means by foreigner to obtain residency in Costa Rica has been popular. The law, until last month, allowed marriages of convenience and even when the immigration service was certain of the fact, it was powerless to investigate and deny residency status.

After years of discussion and debate, Costa Rica's legislators approved reforms to article 30 of the Código de Familia (Family Code), eliminating the possibility of foreigners marraying Costa Rican nationals solely for the purpose of obtaining their residency.

The prime objective of the ban is to hit hard the organized groups dedicated to this type of activity and the entrance of criminals to Costa Rica by way of marriage, like the case of the group of Jamaicans responsible for the murder of two OIJ agents and an innocent woman days before the approval and enactment of the law.

The Jamaicans apprehended by authorities all are married to a Costa Rican and obtained their legal residency by way of the arranged marriage.

The sanction for all parties - including notaries and lawyers - who willingly or unwillingly take part in such marriages, is from three to six years prison.

Independent legislator, Evita Arguedas, had been one of the proponents of the change, to see her project signed into law after almost 2 1/2 years of debate.

For his part, director of the Costa Rican immigration service, Mario Zamora, sees the change as "a hard blow to organized mafias" in Costa Rica. According to Zamora, Chinese, Colombian, Cuban, Jamaican and Dominican nationals make up the largest group that use marriage by proxy to come to Costa Rica and legalize their residency.
 
 

 

 


 
 
 
 

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