Penalties for Illegal Immigration in the U.S.

Updated on Monday 18th January 2021

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Illegal immigration in the U.S. is usually referred to the act of a foreign citizen violating the U.S. immigration policies and laws by entering or staying in the country without having the appropriate authorization from the Federal Government. In order to not be an illegal immigrant, one must apply for a residence permit in USA.

An illegal immigrant is a foreign citizen who:

•    Enters illegally the U.S.;
•    Overstays his or her visa; or
•    Commits a Border Crossing Card (BCC) violation. Our immigration lawyers in Miami can provide further details on what this violation consists of.

We can also help you apply for USA citizenship.
 

Penalties for illegal immigration in the U.S.

If a person is found as an illegal immigrant, the U.S. immigration authorities could deport that person from the country. This can happen after organizing a hearing in an immigration court, in which it is ordered and arranged to remove that person. Other civil penalties involving the entry, or attempt to entry, the country at a place other than the one specified by the immigration officers, include fines. These fines are valued at minimum USD 50 and maximum USD 250 for every such entry, or twice the amount if the illegal person who entered the country has been fined before for the same violation. 

Criminal penalties for illegal immigrants in the U.S. include fines, for the first improper entry offense, or a maximum six months imprisonment, or both.     

For a consequent offense, the penalties for illegal immigration in the U.S. may consist of fines or imprisoned for maximum two years, or both, according to the United States Code (USC) and the Immigration and Nationality Act (INA).

We will also guide you in applying for a residence permit in USA.
 

Penalties for illegal reentry in the U.S.


There is however a separate section of the legislation which regulates the criminal punishments for illegal immigration in the U.S. involving reentry or attempted reentry for the cases when the individual had been convicted of certain kinds of crimes and therefore he or she was deported from the country, as listed below:

•    Individuals deported because of a conviction of three or more crimes which involved drugs, crimes against the person, or both, or a felony or another type of aggravated felony, will be fined, imprisoned for maximum ten years, or both;
•    Nonviolent offenders who were deported from the U.S. before their prison sentence was up will be fined, imprisoned for maximum ten years, or both;
There are also other situations and an immigration lawyer in Miami can offer more details on what these other cases consist of.

If you or a family member is confronted with a situation involving a penalty for illegal immigration in the U.S., you must definitely see an immigration attorney in Miami. Please get in touch with us for immediate legal representation and advice. You can also rely on us for obtaining USA citizenship.