Can I be deported for Medicaid fraud?

If you're not a U.S. citizen, one of the most serious consequences of a criminal conviction is the possibility of deportation.

We always keep a client's immigration status in mind when handling any criminal investigation or prosecution. Whether you'll face deportation after a conviction depends on the details, and it's a complex area of law.

The two categories that matter

In a nutshell, you could be deported if you're convicted of an aggravated felony or a crime involving moral turpitude (CIMT). Many fraud offenses can fall into one or both categories.

Factors that can lower the risk

You're in a better position to avoid deportation when conditions like these are met:

  • You've lived in the United States for more than five years without legal problems
  • You plead guilty to a crime that is not a CIMT, which may be negotiable with the DA
  • You serve no jail time, or less than one year
  • You plead guilty to fraud involving less than $10,000, which may also be negotiable

A criminal record follows you

Once you have a criminal record, you'll have to report it when you apply for citizenship or other immigration benefits. That can lead to an investigation and possibly removal proceedings, and you'll need a good immigration lawyer. We can refer you to one. Making sure the conditions above are met makes avoiding deportation much more likely.

Common questions

Can a non-citizen be deported for Medicaid fraud?

Yes. A conviction for an aggravated felony or a crime involving moral turpitude can lead to deportation. The charge you plead to, a loss under $10,000, and a sentence of less than one year can all reduce the risk, so the plea should be negotiated with immigration consequences in mind.

Got the letter? Call before your interview date.

Free telephone consultation with a New York Medicaid fraud lawyer.

(212) 577-6677
Call (212) 577-6677