Border crossing laws govern entry into the United States by land. To enter the United States everyone must satisfy two requirements: (1) they must present evidence of where they are from (that is, a passport), and (2) they must present evidence that they have the right to enter the U.S.
For American citizens, a U.S. passport satisfies both requirements. For foreigners, the passport satisfies only the first requirement. To enter the U.S., a travel document will be needed. This document is called a visa. It may be in the form of a piece of paper, or it may be a card or a stamp in a passport.
All visas are entry visas. The only difference between the many different types is the length of time that the person can stay in the U.S., and whether or not they can leave and re-enter the country. Multiple-entry visas allow the holder to exit and enter the U.S. an unlimited number of times within a given time period. Generally speaking, the shorter the visa stay period, the less likely it is that it will be a multiple-entry visa.
What are Re-Entry Permits?
Re-entry permits are not technically a type of visa, but rather a document that allows the person to return to the U.S. without having to obtain a new visa after leaving the country. For example, if the person needs to return to their home country to address an emergency, they may be issued a re-entry permit so that they can return to the U.S. without needing to go through the often lengthy process of obtaining a new visa.
Once they re-enter the U.S. they can complete the remainder of their original stay time according to the type of visa they have. Re-entry permits are generally issued on a case-by-case basis and are good for only one use.
What are Border Crossing Cards?
A border crossing card is a credit card-style travel document that allows a Mexican citizen to enter the United States by land for a temporary purpose, whether business or tourism. It is issued by the U.S. Department of State and is not meant for long-term immigration, but instead for just a temporary visit.
Some acceptable reasons for getting a border crossing card include business reasons: negotiations, purchasing business materials, meetings, conferences, and visiting an American facility of the same company the foreigner works for abroad. Border crossing cards can also be used for tourism purposes, such as vacationing, visiting relatives and friends, or attending an event.
In order to apply for and successfully receive a border crossing card, the following eligibility requirements need to be met:
- The visitor must be a Mexican citizen
- They must also reside in Mexico
- They need to have a valid Mexican passport when they submit the application for the border crossing card
- They need to demonstrate that they intend to return to Mexico after a brief visit to the United States. Some valid and convincing ties to Mexico that would fulfill this requirement include having a steady job in Mexico, having a family that lives in Mexico, or owning property in Mexico
- They are crossing into the U.S. by land (border crossing cards are not valid for entrance by airplane)
The border crossing card has limitations on how long the visitor can remain in the United States and where the visitor can travel. They cannot be in the United States for more than 30 days, and they can only travel within the U.S.-Mexico border zone, which is generally no more than 25 miles past the U.S.-Mexican border.
This permitted area contains parts of California, Texas, New Mexico, and Arizona. Border crossing cards expire 10 years after the date of issuance (separate restrictions apply to those who are under 15 years old at the time of obtaining the border crossing card).
What is the Visa Waiver Program?
Some immigrants may be permitted to enter the United States without having to obtain a visa, a permit, or a border card. This is referred to as a visa waiver.
Some of the criteria for obtaining a visa waiver include:
- The recipient’s stay must be ninety days or less
- They must be a citizen of a visa waiver country
- They must possess a valid passport
- If they are traveling by airplane, they may be required to show they have a round trip ticket
What is CBP?
Almost a million individuals enter the U.S. daily. Everyone arriving at a port of entry to the U.S. is subject to inspection by U.S. Customs and Border Protection (CBP) officers to ensure that they are in compliance with immigration, customs and agriculture regulations. The CBP division investigates matters such as illegal immigration, drug trafficking and smuggling, and economic trade. With more than 60,000 employees, CBP is one of the world’s largest law enforcement organizations.
What Happens When Someone Breaks Border Crossing Laws?
If the foreigner appears at the border before an immigration official and does not meet the rules for entering the country, they will be denied entry and will have to return home.
If they enter the U.S. without processing through immigration authorities, or if they have a visa but it has expired and they are still here, they become undocumented aliens. Penalties can result – both criminal and civil charges are possible. For criminal penalties, they may be subject to up to six months in jail and a fine for a first offense. Any subsequent offenses can reach two years in prison.
Once an undocumented alien is arrested, they initially go to jail while the ICE (Immigration and Customs Enforcement) (formerly called United States Citizenship and Immigration Service (USCIS)) deportation officer makes a determination as to whether to place the person into removal proceedings and, if so, how to charge the person. Most often, the charge will be unlawful entry into the U.S., overstaying a nonimmigrant visa, or one of various criminal grounds, if the person was previously arrested and convicted of a crime.
The next step is a determination of whether the alien qualifies to obtain a bond. A bond allows them to return to their home in the U.S. while deportation proceedings are being considered. That will depend on whether the person has a history of entering the U.S. illegally or overstaying a visa, and whether the person is considered dangerous if released. Bonds range from $1,500 to $25,000.
If the person is denied a bond, or doesn’t have the money to pay for one, they will be held until a hearing before a judge in an immigration court can be arranged. This may take one or more years. The place of detention may be a holding facility directly operated by ICE or one of their private companies, or it may be the local jail. ICE is not obligated to hold aliens near where they were arrested; they can be moved anywhere in the country.
Should I Hire a Lawyer if I Have Legal Issues Involving Border Crossing Laws?
Immigration and border crossing laws are technical and are subject to frequent changes. If you have any questions related to immigration or border crossing laws, you should speak with an experienced immigration lawyer.
Your attorney can provide you with the most up-to-date information on visa and immigration laws. An immigration lawyer can help you if you are denied a visa to cross the border. If needed, your lawyer can also represent you in a court of law during formal hearings.
