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.