Featured News 2013 Laws Involving Entry, Presence, and Travel in the United States

Laws Involving Entry, Presence, and Travel in the United States

Immigrants who overstay a visa or come into the United States without documentation can be severely penalized for violating a variety of crimes. Oftentimes, journalists refer to immigrants as "otherwise-law-abiding" citizens who haven't committed any other offenses other than entering the United States. While some may honor this statement, other courts will dissect an immigrant's entry and reveal the widespread variety of crimes that may have been committed. First of all, illegal immigrants often violate the laws regarding Improper Entry by Alien which is listed in 8 U.S.C. § 1325.

This law says that any alien who enters or attempts to enter the United States at any time or place other than places designated by immigration officers, or eludes an examination or inspection by an immigration officer is in violation of the law. Immigrants can also be charged with this crime if they obtain entry into the United States by providing false or misleading representation or the willful concealment of a material fact. The first time that an alien is convicted, he faces a fine of up to six months in prison. A second violation will result in prison for up to two years.

In addition to this crime, individuals can be charged for failing to register as an alien in the United States according to 8 U.S.C. § 1302. The law requires that all aliens register their presence if they intend to remain in the United States for over 30 days. Many aliens fail to honor this request that all immigrants that are over the age of 14 are registered. Failing to register is considered a federal misdemeanor that can result in a jail term up to six months and a fine of up to $1,000. Failing to register is a continuing violation, which means that a person that fails to register even after punishment can be punished again.

Another immigration violation is High Speed Flight from an Immigration Checkpoint. If you are an illegal alien who came across the border and evaded law enforcement at a checkpoint, then you may have violated this statute. Typically, this law is used to punish immigrants who are in motor vehicles and travel an excess of the legal speed limit to flee federal, state, or local law enforcement officers. Offenders can be imprisoned for up to five years according to 18 U.S.C. § 758.

In addition, if you brought or smuggled other aliens into the United States, you can be penalized with a fine of up to $3,300 for each alien that was brought into the country. Many immigrants will try to bring their friends and family into the United States this way, and can be sentenced as a result.

Another crime that is commonly associated with immigration is overstaying the duration of a stay. According to the Center for Immigration Studies, about 40% of all immigrants that are in the United States illegally entered America on a visa and then overstayed their authorized duration of stay.

Overstaying a visa is an illegal act and makes the immigrant deportable. If an alien overstays by 180 days to one year and then leaves the U.S. voluntarily, then that immigrant will be barred from re-entering the United States for another three years. If he leaves after having been the country for over one year, then the alien cannot come back to America for ten years.

Aliens who have been removed and return to the United States before their allotted period of time is up can be penalized based on the law Reentry of Removed Aliens 8 U.S.C. § 1326. Illegal immigrants can be imprisoned for up to 20 years under this law. If you have been arrested and charged with any of these immigrant crimes, you will want a dedicated and hardworking local immigration lawyer on your side to represent you in court. You may be able to avoid any penalties if you have a lawyer there to assist you and advocate on your behalf! Use this directory to locate an attorney near you today!

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