Illinois Fraud Defense Lawyers Serving Immigration Clients

Illinois law is tough on fraud offenses, so anyone convicted of this type of crime may be sentenced to jail time, probation, fines, and other criminal sanctions. However, the consequences for an individual at any stage of the U.S. immigration process are even more serious. Involvement in criminal activity, including a fraud conviction, puts your status at risk as an immigrant or non-immigrant. You could be considered inadmissible to enter or stay in the US, and may even face deportation proceedings.

Post-conviction relief attorney Jonathan Minkus has represented many clients convicted on a variety of criminal offenses, covering both felony and misdemeanor fraud cases. There are considerable challenges for individuals who must address a fraud conviction and how it impacts the immigration process. U.S. and Illinois law provide options that prevent a conviction from affecting your status or triggering the deportation process, but these proceedings require an in-depth understanding of the relevant statutes. Mr. Minkus has the necessary knowledge and more than three decades of experience in post-conviction relief, in the specific context of immigration matters.

If you have questions about your circumstances or would like to schedule a case review, please contact our offices in Chicago, IL or Skokie, IL. We have also prepared a general overview of post-conviction relief options that offer advantages for those going through the immigration process.

Fraud Conviction in Immigration Matters

If you are convicted of fraud, there are three possible actions U.S. immigration officials may take:

• Removal Proceedings, which means you could be deported from the US;
• Denial of Admissibility, empowering authorities to prevent you from entering or remaining in the US; or,
• Denial of Citizenship, barring you from ever gaining U.S. citizen status.

The outcome that will apply in your case depends upon where you stand in the immigration process.

Fraud and Post-Conviction Relief Options

It is possible to safeguard your immigration status even after a fraud conviction in Illinois. U.S. immigration law allows eligible individuals to file an Application for Waiver of Grounds of Inadmissibility. Therefore, you apply for this relief in one of two ways:

Non-Immigrant Waiver

U.S. immigration officials look to multiple factors in deciding whether to issue a non-immigrant waiver after a fraud conviction, such as:

• The nature of the criminal charges that led to your conviction;
• Your reasons for wanting to come into the US; and,
• Whether the crime is one that would pose a risk to the U.S. or its residents.

Immigrant Waiver

There are additional considerations involved when you seek a waiver as a U.S. immigrant. After a fraud conviction, you must establish that:

• You have a “qualifying” relative, referring to a spouse, parent, or child;
• The qualifying relative is a lawful permanent resident or citizen of the US; and,
• That person would suffer hardship if you were prevented from staying in the US.

Talk to an Experienced Criminal Defense Attorney About Fraud Post-Conviction Relief

For more information on waivers or other forms of post-conviction relief as an immigrant convicted of fraud, please contact the office of Attorney Jonathan Minkus at (847) 966-0300 or visit our website. We can schedule a free consultation to discuss your eligibility and options for the immigration process.