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What Fraud Charges Cause Deportation for Immigrants?

March 21, 2024 Uncategorized

What Fraud Charges Cause Deportation for Immigrants?

Dealing with fraud charges as an immigrant can be really stressful. You’re probably worried about stuff like whether you’ll get deported, or if you’ll be able to stay in the country. I feel you. That kind of situation is tough. This article breaks down what types of fraud charges can lead to deportation, so you know what you might be up against.

Aggravated Felony Fraud Charges

If an immigrant is convicted of an “aggravated felony” fraud charge, deportation is basically guaranteed. But what counts as an aggravated felony fraud charge? Here’s a quick rundown:

  • Losses over $10,000 – If the fraud involved losses more than $10,000, it’s probably considered an aggravated felony. That’s a pretty low threshold so alot of fraud cases can count.
  • Failure to appear – If an immigrant doesn’t show up for court dates related to a fraud trial, the court will issue a deportation order. Even if you’re eventually found innocent.
  • Federal fraud charges – Fraud charges at the federal level almost always count as aggravated felonies. This includes stuff like mail fraud, wire fraud, tax fraud, etc. Not good news for avoiding deportation.

So in summary, if an immigrant is convicted of a fraud charge that involves over $10,000 in losses, doesn’t show up for court dates, or is charged with any kind of federal fraud, they’ll almost definitely get deported. Here’s a Reddit thread with people discussing their experiences with deportation after fraud convictions.

Other Fraud Charges

Okay, so aggravated felony fraud charges are bad news for immigrants hoping to avoid deportation. But what about normal fraud charges at the state level? Could those still cause an immigrant to be deported?

The short answer is maybe. According to sources on Quora, it depends a lot on the specifics of each case. Some main things the court will look at are:

  • Type of fraud – Fraud charges related to citizenship applications or immigration paperwork are more likely to cause deportation than other types of fraud.
  • Sentence length – Fraud convictions that result in a year or more of jail time count as “crimes involving moral turpitude” which can lead to deportation.
  • Immigration status – Undocumented immigrants are at higher risk of deportation for fraud compared to green card holders or citizens.
Fraud Charge Details Deportation Risk
Over $10K losses High
Federal fraud charges High
Citizenship fraud High
Undocumented immigrant Higher than average

So in summary – aggravated felony fraud charges basically guarantee deportation, but other “normal” fraud charges come down to the specifics. Things like high losses, citizenship fraud, and being undocumented make deportation way more likely. This lawyer’s blog has some good examples of fraud cases that led to deportation orders.

Seeking Legal Help

If your facing fraud charges as an immigrant, it’s really important to talk to an experienced criminal defense lawyer as soon as possible. Like don’t wait! The earlier you get legal help, the better your chances of avoiding deportation. Sites like LawInfo and FindLaw have directories to help find lawyers in your state that specialize in stuff like this.

The lawyer can look at the details of your specific charges, immigration status, criminal history, and other personal factors to figure out your odds of getting deported. They can also start building a defense strategy to try keeping you here if possible. If deportation can’t be avoided, they may at least be able to get you a “voluntary departure” instead of a formal deportation order. This can help make it easier to apply for legal status again in the future if that’s an option you want to keep open.

Anyway, I know dealing with fraud charges and worrying about immigration consequences is super stressful. But try to take a deep breath and focus on getting a good lawyer on your side. They can help walk you through this whole process and handle communicating with immigration officials. You got this!

Resources

Here are some additional resources if you want to learn more about fraud charges and deportation:

  • Article on immigrants facing deportation for minor fraud
  • Video explaining deportation defense options
  • Podcast interviewing an immigrant fighting fraud deportation orders

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