A superseding indictment unsealed Tuesday in the Southern District of Georgia charges five people in an H-2A visa fraud scheme that prosecutors say brought farmworkers into the United States on false pretenses, then held their passports and threatened them, according to the Justice Department.
The allegations
Prosecutors allege the defendants lied about where the workers would live and work, and demanded payments from them before they could apply for H-2A visas or start work. The H-2A program lets U.S. employers bring in foreign workers for temporary or seasonal farm jobs.
The indictment says the group confiscated the workers’ identification documents, including passports, and at times threatened or used violence to keep them from leaving or missing work. After the visas expired, prosecutors say, the defendants helped the workers stay in the country and offered to drive them elsewhere for more money.
Who is charged
The defendants are Martha Aquino, Evangelina Aquino De Galvan and Julio Cervantes, all of Alma, Georgia; Marco Cervantes; and Juan Felipe Romero-Lopez, a Mexican national the government says is in the country illegally. Aquino, Julio Cervantes and Marco Cervantes were arrested this week. Aquino De Galvan remains at large. Romero-Lopez is in custody after being charged in May 2026 with unlawful possession of a firearm.
Aquino, Aquino De Galvan and Julio Cervantes each face charges of conspiracy to commit visa fraud, visa fraud, and encouraging or inducing illegal entry for commercial advantage and private gain. Marco Cervantes is charged with conspiracy and visa fraud. Romero-Lopez is charged with conspiracy and with possessing a firearm while in the country illegally.
Potential penalties
If convicted, all five face up to five years in prison on the conspiracy count. Four face up to 10 years for visa fraud, three face up to 10 years for the illegal entry charge, and Romero-Lopez faces up to 15 years on the firearm charge. Prosecutors stress that an indictment is only an allegation and that every defendant is presumed innocent until proven guilty in court.
Investigation and background
Homeland Security Investigations in Savannah, the State Department’s Diplomatic Security Service, the Labor Department’s Office of Inspector General and the Georgia Bureau of Investigation are investigating. USCIS supported the investigation, according to its news release. The case is part of Joint Task Force Alpha, the Justice Department’s effort against human smuggling and trafficking networks.
Assistant Attorney General A. Tysen Duva of the Criminal Division said the defendants “allegedly concocted a scheme to enrich themselves” by manipulating the program and smuggling people into the country for profit.
The Justice Department release does not say how many workers were involved, where they worked or when the case will go to trial. For background on how the visa works, see our H-2A visa guide, or read how it compares with the H-2B visa.