Illegal immigration penalties are enforced for miscellaneous infringements of immigration law. Illegal immigration can happen through such acts as:
- Entering the country illegally (i.e., not at a designated point of entry)
- Entering the country using fraudulent documents or engaging in immigration fraud
- Misleading or bribing immigration officials
- Overstaying a visa
- Escaping authorities when facing a removal hearing
In addition, legal consequences can result for individuals who participate in covering or hiding an illegal immigrant to escape from authorities. Criminal immigration penalties can result once immigration authorities learn of the case. Most of these are intentional violations, but even accidental violations can lead to negative consequences. Thus, a person needs to be mindful of visa requirements and deadlines, entry instructions, and other types of immigration guidelines.
Have I Overstayed My Visa?
Upon entry to the U.S. with a temporary visa, a person obtains an Arrival-Departure Record Card (Form I-94). An immigration inspector notes the length of time the individual can stay. The date on which the visa expires is shown on the card. If a person stays in the U.S. past that date, they have overstayed their visa.
A person who persists past the period authorized for their stay can incur severe penalties. For instance, the individual’s visa can be revoked. They then cannot apply for another visa to enter the United States. They may also be banned from re-entering the United States depending on their overstayed time.
The overstay must also be an illegal presence. A person would not be overstaying their visa for purposes of a three-year or ten-year ban only if they:
- Are under the age of 18;
- Have a good faith pending application for asylum on file with the United States Citizenship and Immigration Services (USCIS);
- Are the beneficiary of a recognized Family Unity Program, which is designed to prevent foreigners and their families from being divided;
- Have a pending application for Adjustment of Status or Extension, such as an application for a green card;
- Have been an abused child or an abused spouse, which resulted in the overstay;
- Have been a victim of human trafficking in their home country and could offer proof that the trafficking was the immediate reason for the overstay;
- Have been the recipient of security through Deferred Enforced Departure, Deferred Action for
- Childhood Arrivals, Withholding of Removal, or Temporary Protected Status.
Fulfilling any of these prerequisites can result in a pause in a person’s accumulation of overstay time. However, as soon as these conditions no longer apply to a person’s status, their overstay time accumulates, potentially leading to the negative consequences of overstaying a visa.
The best way to evade penalties is to avoid overstaying a visa and becoming unlawfully present in the U.S. Before a person’s visa expires, they should aim to extend the visa or change their status by filing the proper forms with the USCIS. Or, if the individual has no basis for remaining, they can return to the nation in which they have citizenship.
Keep in mind that not all visa types can be extended. Forms to extend the visa or change a person’s status must be filed before a person’s existing visa expires. To be eligible to change their visa status, a person must be considered in good standing,i.e., not convicted of a felony and lawfully admitted to the country as a nonimmigrant. A person is most likely to have a favorable outcome in any dealing with the USCIS if the individual complies with all applicable regulations.
Is Overstaying the Same as Being Out-of-Status?
If a person stays in the U.S. for longer than authorized by a visa, they are overstaying their visa and violating their status. Nevertheless, a person can be out-of-status without overstaying their visa. For instance, if a person has an F-1 student visa and works without authorization, the individual is out-of-status.
A person can be out of status and still be lawfully present in the U.S. or not have overstayed their visa. However, remaining in the U.S. past the date when a person’s visa expires also places the individual out of status.
Can I Renew My Visa after Overstaying?
It is possible to stay legally in the U.S. by acting within a given grace period in some situations. However, when overstaying occurs and status is violated, a person generally faces many legal barriers to remaining lawfully in the U.S. That is why it is advisable to act before the expiration of any visa.
What Are Some Penalties for Illegal Immigration?
Illegal immigration is a grave violation and can lead to some serious legal consequences. These may vary depending on the situation, but illicit immigration will almost always hurt a person’s chances of relocating from another country to the United States.
Some penalties for illegal immigration may include:
- Prompt removal from the United States
- Prohibitions on re-entry for specific periods
- Other legal consequences (such as criminal charges if applicable)
- Denial of an immigration-related application
- Removal (deportation) of the person from the U.S. back to the country of origin
- Ban on re-entry (anywhere from 5-10 years; in case of repeat violations, a lifetime ban may be enforced)
- Criminal charges, especially if fraud or other white-collar crime was involved
- Loss of chances at obtaining U.S. citizenship through the naturalization process
- Loss of various civic rights and privileges
A person may be temporarily barred from re-entry into the country after deportation in some circumstances. For example, immigration authorities may ban them from re-entering for up to five years. The individual may be permanently banned from re-entering the country in other cases. For instance, this can happen if the individual has been removed from the country multiple times already.
Legal penalties for illegal immigration violations can extend to U.S. citizens as well. For example, if a U.S. citizen assisted a person in immigrating illegally, the citizen may also face criminal consequences.
Similarly, an employer who knowingly hires an illegal immigrant may suffer criminal penalties. Some states may be subject to a fine or loss of their business-operating license.
Can an Illegal Immigrant Become a Legal Immigrant?
Even if you are in the country illegally, you may still be able to become a legal immigrant by getting lawful permanent resident (LPR) status. There are several routes for getting lawful permanent resident status, including:
- Family-based visas
- Employment visas
- Fiancé or marriage-based avenues
- Asylum and refugee status
What Is the E-Verify System?
The E-Verify system is a newer system for employers that uses computers and computer databases to confirm whether an immigrant worker has the legal status to work in the country. The system involves submitting employee data to a central database, which then confirms the individual’s immigration status. The system can then make very quick judgments regarding immigration statuses.
Individuals who are discovered to be illegal immigrants through E-Verify are not permitted to work and may also face removal hearings later on. Employers who do not comply with E-Verify requirements may also face legal consequences.
Should I Hire a Lawyer to Help with Illegal Immigration Penalties?
In some cases, a stay of removal or cancellation of removal may be applicable depending on the facts. You may wish to hire an immigration lawyer if you or your loved ones need help with illegal immigration laws. Your attorney can advise you on how to proceed and provide you with legal representation if you need to attend an immigration court proceeding.
If you have any questions about immigration policies within the United States, contact an immigration attorney on LegalMatch. Not only will an experienced lawyer give you peace of mind throughout the immigration process, but it could mean the difference between obtaining the type of visa you require or not obtaining one at all.
