(PORTLAND, OREGON) — A federal sentencing of Indian citizen Sanjay Kaushik for conspiring to violate U.S. export-control laws by attempting to route controlled aviation components to Russia is a reminder that national-security-adjacent convictions can trigger lasting visa, travel, and green card barriers long after a prison term ends.
1) Case overview and sentencing
Federal prosecutors in the District of Oregon secured a conviction against Sanjay Kaushik, a foreign national based in New Delhi, for conspiracy tied to illegal export activity involving aviation components. The case was prosecuted in Portland, placing it within the Ninth Circuit’s geographic footprint for any later federal appellate issues.
Kaushik received a custodial sentence followed by supervised release. In practical terms, supervised release is not simply “probation-lite.” It typically includes court-ordered conditions, reporting, and compliance monitoring.
Supervised release can restrict international travel and create new exposure if any condition is violated. Export-control prosecutions are often treated as national-security sensitive because controlled parts can be dual-use.
That means they may have legitimate civilian functions while still being capable of military or intelligence applications. Aviation navigation and flight-control items often fall into that category.
Readers tracking immigration enforcement trends have seen parallel consequences in other federal prosecutions, including visa-fraud deportation risks and high-profile employer cases such as H-1B fraud sentencing. The legal theories differ, but the immigration aftershocks can look similar.
Warning: Even when a criminal case is not “an immigration case,” a federal conviction can still drive visa denials, revocations, and travel disruptions for years.
2) Details of the illegal export scheme (timeline and actions)
According to the case narrative reflected in public reporting, the government’s theory centered on procurement of U.S.-origin aviation navigation components, including an Attitude and Heading Reference System (AHRS). An AHRS is a device used to determine an aircraft’s orientation and heading.
Those functions are central to safe civil aviation, but they can also be relevant to military platforms. Under the Export Control Reform Act (ECRA) and the Export Administration Regulations (EAR), certain items require a license depending on classification, destination, end-user, and end-use.
Why licensing mattered
The legal trigger is not limited to “weapons.” It can apply to commercial items that U.S. regulators treat as sensitive. Licensing analysis depends on classification, the destination country, the identified end-user, and the claimed end-use.
What the government said was false
Export cases frequently turn on statements about end-use and end-destination. Typical red flags include claiming a benign civilian end-use when a military or sanctioned end-use is intended, mislabeling who will ultimately receive the item, or using a third country as a transshipment point to disguise a restricted destination.
In this case, authorities alleged that items were represented as intended for civilian use linked to India, while the actual intended destination involved Russian end-users or end-destinations, which are subject to heightened controls.
How enforcement commonly unfolds
Export-control enforcement often involves overlapping screening and interdiction steps. Suppliers may flag unusual orders, federal agencies may run end-user checks, and shipments can be inspected and stopped before export.
Once investigators believe there is willful evasion, the case may proceed to arrest, indictment, a plea, and sentencing. Reported milestones here show the familiar arc: an arrest in October 2024, an indictment in November 2024, a guilty plea in October 2025, and sentencing in mid-January 2026.
The system’s tools provide the exact dated entries and source list. This article summarizes them at a high level.
Deadline note: If a noncitizen is arrested or charged, immigration consequences can start immediately, before any conviction. Early criminal-immigration coordination can be decisive.
3) Immigration consequences for foreign nationals and NRIs
Export-control cases are not listed as a standalone ground of inadmissibility. The immigration exposure typically comes through crime-based grounds, fraud-related conduct, and security-related discretionary concerns.
Visa revocation, refusal, and port-of-entry scrutiny
A conviction in a federal export conspiracy case may lead to visa revocation after issuance, consular refusal at a later application, and enhanced questioning at inspection when seeking admission.
Even without a current U.S. immigration status, a noncitizen may still face long-term consequences because future visa applications require disclosure of arrests and convictions. This is especially relevant for NRIs and international business operators who travel frequently.
For a broader explainer on how convictions ripple into immigration processing, see criminal record effects and the added complexity for employment visas in H-1B criminal impacts.
The INA inadmissibility framework (high level)
The key statutory framework is INA § 212(a)(2), which covers several crime-based inadmissibility grounds. Two common pathways are crimes involving moral turpitude (CIMT) and controlled substance violations, though the latter are not suggested by the facts here.
Whether a particular export-control conspiracy is a CIMT is a legal question that depends on the statute of conviction and record of conviction. However, where the offense includes fraudulent statements or deliberate deception, CIMT arguments become more likely.
A frequently cited Board of Immigration Appeals precedent is Matter of Flores, 17 I&N Dec. 225 (BIA 1980), which treats certain fraudulent conduct as involving moral turpitude. Another relevant fraud line is Matter of Jurado-Delgado, 24 I&N Dec. 29 (BIA 2006), addressing false statements made to obtain a benefit.
These decisions do not address ECRA directly, but they shape how immigration adjudicators evaluate deception-based offenses.
Adjustment, green cards, and naturalization
A serious federal conviction can also affect adjustment of status under INA § 245(a), because many applications are discretionary and include security vetting. It can also affect naturalization, where “good moral character” is required under INA § 316(a) and detailed at 8 C.F.R. § 316.10.
Some applicants explore waivers, including INA § 212(h), but waiver eligibility is narrow and highly fact-dependent. Some convictions are not waiver-friendly, and security flags can drive discretionary denial even if a waiver exists on paper.
Warning: Do not assume a guilty plea that seems “business-related” will be treated as a minor offense in immigration processing. Classification issues can be outcome-determinative.
4) Compliance lessons for NRIs, visa holders, and businesses
For readers doing cross-border trade, the compliance lesson is simple: U.S. export-control rules can apply with force even when the business is overseas, and even when the product looks commercial.
EAR basics in plain English
Under the EAR, items may be classified as EAR99, meaning generally low-control items (though still restricted in many situations), or assigned an ECCN (Export Control Classification Number), which can trigger licensing based on destination and end-use.
Whether a license is required can hinge on small details, including technical parameters, the end-user’s identity, and whether the destination is subject to broad restrictions.
Russia-related risk and transshipment
Russia-related transactions are commonly treated as high-risk. Enforcement attention often includes transshipment through third countries, where paperwork claims a benign intermediate destination while the real destination is restricted.
Companies should treat end-user statements as evidence to be tested, not as a box to check. That means consistent documentation, screening, and escalation when facts do not line up.
Practical due diligence steps
- Screening parties against U.S. restricted lists
- Verifying end-use and end-user through documentation and inquiries
- Keeping records that match what was represented to suppliers and regulators
- Getting export counsel involved early for classification and licensing decisions
Export licensing and classification questions are often handled through U.S. Department of Commerce tools and processes. Many exporters interface with Commerce systems as part of a licensing workflow.
The system’s sources tool lists the official resources referenced for this topic.
Warning: If a transaction involves a sanctioned or restricted destination, do not rely on informal assurances. Written diligence and legal review can be essential.
5) Bottom line and takeaways for readers
The Kaushik sentencing in Portland sits at the intersection of criminal enforcement and immigration consequence. The practical message for foreign nationals, NRIs, and U.S. visa holders is that export-control crimes can carry mobility consequences beyond the prison term, including future visa refusals and harder inspections at ports of entry.
Three reader takeaways stand out:
- Criminal and immigration systems connect. A federal conviction tied to deception or restricted destinations may trigger inadmissibility arguments under INA § 212(a)(2), plus discretionary security concerns.
- Overseas actors can still be reached. International business travel, U.S. suppliers, and dollar-denominated transactions can create touchpoints for U.S. jurisdiction and enforcement.
- Compliance reduces exposure. Screen parties, verify end-use, document what you did, and get counsel before a shipment moves. If the destination is Russia or another heavily restricted market, treat the matter as high stakes.
For readers thinking about broader policy signals, the government has also emphasized visa consequences for national-security-adjacent conduct in areas beyond export controls, including commercial spyware limits and the State Department’s message that one bad decision can have permanent visa effects.
If you or your company faces an export-control inquiry, an arrest, or a charging document, consult both a criminal defense attorney and an immigration attorney. The sequencing of steps, plea language, and record of conviction can materially affect later visa or green card options.
Resources
- AILA Lawyer Referral
- Immigration Advocates Network
- U.S. immigration court information (EOIR): EOIR
- USCIS policies and forms: USCIS
⚖️ Legal Disclaimer: This article provides general information about immigration law and is not legal advice. Immigration cases are highly fact-specific, and laws vary by jurisdiction. Consult a qualified immigration attorney for advice about your specific situation.
Export-Control Case Highlights Immigration Risks for NRIs and Visa Holders
The sentencing of Sanjay Kaushik for illegally exporting aviation technology to Russia underscores the intersection of criminal law and immigration. Convictions related to national security or fraud can lead to permanent visa bars and travel disruptions. For foreign nationals and businesses, the case emphasizes that U.S. export laws apply globally, requiring rigorous screening of end-users and transparent documentation to avoid severe legal and mobility consequences.
