Fraud Convictions Can Become Immigration Death Sentences
Fraud-based criminal charges are among the most immigration-dangerous cases a non-citizen can face. Fraud convictions are routinely CIMTs. Fraud convictions with loss over $10,000 are aggravated felonies, triggering mandatory deportation. And fraud-related conduct — even without conviction — can trigger separate inadmissibility and naturalization bars. Whether you are in Louisville, Lexington, or anywhere in Kentucky, Clark + Harris defends non-citizen fraud cases with deep attention to the immigration consequences.
The Fraud Aggravated Felony
Under INA § 101(a)(43)(M)(i), an “offense that involves fraud or deceit in which the loss to the victim or victims exceeds $10,000” is an aggravated felony. The Supreme Court’s decision in Nijhawan v. Holder, 557 U.S. 29 (2009), held that the $10,000 threshold uses a “circumstance-specific” rather than categorical analysis — meaning immigration courts look at the actual loss in the specific case, not just the statutory range.
Loss Calculation Issues
Loss calculations for immigration purposes include actual loss to victims but may exclude restitution ordered at sentencing. Defense counsel sometimes structure plea agreements to specify that the loss was $10,000 or less — though this specification may not be binding on immigration adjudicators under Nijhawan‘s circumstance-specific approach.
Kentucky Fraud Charges and Immigration
Common Kentucky fraud offenses include theft by deception under KRS 514.040, forgery under KRS 516.020-516.040, insurance fraud, credit card fraud under KRS 434.650-434.680, identity theft under KRS 514.160, and check fraud under KRS 514.040 as theft by deception. Each of these can qualify as a CIMT and, with loss over $10,000, as an aggravated felony.
Fraud-Related Inadmissibility
Beyond criminal conviction, fraud-related conduct triggers specific inadmissibility grounds:
- INA § 212(a)(6)(C)(i): Inadmissibility for fraud or willful misrepresentation in connection with seeking admission or immigration benefit — doesn’t require a criminal conviction
- INA § 212(a)(6)(C)(ii): Inadmissibility for false claims to U.S. citizenship
- INA § 212(a)(2)(A)(i)(I): CIMT inadmissibility for fraud-related criminal convictions
Federal Fraud Cases
Federal fraud prosecutions under 18 U.S.C. §§ 1341, 1343, and 1344 (mail fraud, wire fraud, bank fraud) often exceed the $10,000 loss threshold that converts the conviction into an aggravated felony. Federal healthcare fraud under 18 U.S.C. § 1347 frequently involves loss amounts in the hundreds of thousands or millions.
Federal fraud defendants in the Western District of Kentucky (Louisville) or Eastern District of Kentucky (Lexington) face sentencing guidelines that drive prison exposure up rapidly with loss — compounding the criminal consequences with the immigration consequences.
Defense Strategy for Non-Citizen Fraud Cases
Defense strategies include aggressive challenges to loss calculations to stay below $10,000, plea negotiations to non-fraud theories of liability, pursuit of restitution arrangements that may affect loss analysis, and sentence structuring to preserve any available immigration relief.
Contact Clark + Harris for Non-Citizen Fraud Defense
Fraud charges can end your life in the United States. Clark + Harris provides the sophisticated defense non-citizens need.
Call 859-474-0001 today for a strictly confidential consultation.
Related Resources
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