When an alien enters the United States illegally, he or she is committing a crime and may suffer serious immigration, economic, and legal consequences as a result of this action.
Keep reading because next we are going to delve into this interesting and controversial topic.
What is considered “illegal entry into the United States”?
Immigration laws consider the following actions illegal to enter the United States:
- Enter at any point on the border other than an official immigration control post.
- Cross the border hidden in a vehicle that goes through immigration control.
- Entering through an immigration post using a valid visa, but obtained through fraud.
- Crossing using a false visa, passport or residence card.
- Login with someone else’s document.
Can the migrant who enters illegally fix the papers within the US?
When a migrant enters the United States illegally, he’s practically closing all the ways to regularize his situation within the country, because it becomes what is known as inadmissible in immigration laws.
However, there are still other alternatives to fix your immigration status, such as requesting:
- Asylum, if requested before 1 year of admission.
- U Visa for victims of domestic violence.
- T Visa for human trafficking.
- Youth Immigrant Program for children under 21 who have been abused or abandoned by their parents.
Currently, migrants who entered the U.S. under the age of 16 are protected from deportation and have passed a measure known as Deferred Action for Childhood Arrivals (DACA).
Similarly, they can be protected from deportation and obtain a work permit through the Parole in Place Program, the family members of permanent residents and citizens currently serving in the Army, Active Reserve, or honorably discharged veterans.
What’s the punishment for crossing illegally only once?
The first time you cross illegally into the United States, you are committing a crime in the category of misdemeanor, known in English as “Misdemeanor.”
If the migrant is captured, he may suffer different penalties such as:
- Payment of an economic fine.
- Prison sentence for a maximum of 2 years.
- Denial of Nonimmigrant Visa due to ineligibility.
- Inability to Adjust Status.
- Immediate removal, also known as “Express Deportation”. In this case, the migrant receives a punishment and cannot return to the United States for the next 5 years.
On the other hand, those migrants who manage to enter without being detained can be arrested at any time and a regular deportation process is initiated against them.
What’s the punishment for entering illegally 2 or more times?
As expected, the civil, criminal and immigration consequences for the migrant are more serious than if he only entered once. Incurring in this situation is considered a crime with the category of felony.
These are the possible penalties:
- Economic fine of between $50 to $250, which is multiplied by 2 if that migrant was previously punished with a fine for illegal entry.
- Imprisonment for a maximum of 10 to 20 years
What’s the punishment for re-entering the United States after being deported?
In this case, the migrant is punished with the penalty of permanent prohibition to legally return to the United States.
Can there be exceptions? Yes, there are exceptional cases in which you could obtain a pardon that allows you to apply for a visa, if you qualify for one, being always necessary to live a minimum of 10 years outside the United States before you can even request an authorization to apply for the visa.
When does the punishment of 3 years apply?
This immigration penalty is imposed on foreigners who remain in the country illegally for more than 6 months, in the event that they voluntarily leave the American territory.
What’s the punishment for legally entering with a visa but staying illegally?
Entering with a visa and staying illegally longer than authorized isn’t a crime, however, it’s an immigration violation that can lead to the deportation of the migrant.
In some circumstances, you can fix your situation without leaving the US, such as in the case of Asylum, U Visa for victims of violence, or through Adjustment of Status for marriage to a US citizen.
Can you ask for forgiveness for having entered the United States illegally?
No, you cannot ask for forgiveness for having entered illegally. However, in some cases a pardon may be requested to legally return to the country for penalties related, in some way, to said income.
The requirements and procedure are different depending on whether you need to apply for the pardon as a previous step to apply for a non-immigrant tourist visa or an immigrant visa to enter the United States and become a legal permanent resident.
We hope that all this information will be of great use to you!
We are Tramites de Inmigracion USA Corp experts in immigration issues. We can advise you at all times and help you avoid deportation from the US using the legal resource that best suits your situation, in the event that you are going through this difficult situation.
Call now at 1 (786) 776-7152 or 1 (786)786-5088 and request a personalized consultation. Together we will solve your situation!