Five Defendants Charged with Defrauding and Exploiting H-2A Visa Program to Smuggle Aliens into the United States

A superseding indictment was unsealed today in the Southern District of Georgia charging five defendants for their roles in a scheme to exploit a nonimmigrant visa worker program to fraudulently obtain worker visas and smuggle aliens into the United States. According to court documents, Martha Aquino, also known as “Martha Patricia Resendez Sanchez,” or “Marta,” 61, Evangelina Aquino De Galvan, 49, and Julio Cervantes, 38, all of Alma, Georgia, as well as Marco Cervantes, also known as “Chiquilin,” 41, of Rowlett, Georgia, and Juan Felipe Romero-Lopez, 31, an illegal alien from Mexico, conspired to exploit the H-2A visa program by fraudulently obtaining temporary visas to bring workers into the United States. They lied about where the workers would work and reside and did not comply with the laws and rules governing the visa program, specifically by demanding and receiving improper payments from the workers before the workers could seek H-2A visas or begin working in the United States. The conspirators confiscated and withheld the workers’ identification documents, including passports, and at times threatened or used violence against the workers to deter them from leaving or failing to work. After the workers’ visas had expired, the conspirators enabled them to remain in the United States and even offered to transport them elsewhere in the United States in exchange for additional improper payments. “The H-2A is specifically designed to help farmers fill temporary or seasonal jobs when there is a shortage of domestic labor,” said Assistant Attorney General A. Tysen Duva of the Justice Department’s Criminal Division. “Instead of helping American farmers, these defendants allegedly concocted a scheme to enrich themselves by manipulating the program and smuggling aliens into the country for profit.” Aquino, Julio Cervantes, and Marco Cervantes were arrested this week. Aquino De Galvan remains at large. Romero-Lopez has been detained after being originally charged in May 2026 for unlawful possession of a firearm by an illegal alien. Aquino, Aquino De Galvan, and Julio Cervantes are charged with conspiring to commit visa fraud, visa fraud, and encouraging and inducing aliens to enter the United States illegally for commercial advantage and private gain. Marco Cervantes is charged with conspiring to commit visa fraud and visa fraud. Juan Felipe Romero-Lopez is charged with conspiring to commit visa fraud and being an illegal alien in possession of a firearm. If convicted, Aquino, Aquino De Galvan, Julio Cervantes, Marco Cervantes, and Romero-Lopez each face a maximum penalty of five years in prison for visa fraud conspiracy; Aquino, Aquino De Galvan, Julio Cervantes, and Marco Cervantes each face a maximum penalty of 10 years in prison for visa fraud; Aquino, Aquino De Galvan, and Julio Cervantes each face a maximum penalty of 10 years in prison for encouraging and inducing illegal entry; and Romero-Lopez faces a maximum penalty of 15 years in prison for being an illegal alien in possession of a firearm.