It is A crime to enter the United States Ilegally

 this means that most mexicans can be jailed while illegal aliens from India or China who over-stayed their visa will only be deported.

As codified in 8 U.S.C. § 1325, federal law provides that an alien who unlawfully enters the United States is guilty of a misdemeanor, punishable by up to six months in prison. (See also INA § 275(a)) Second and subsequent offenses are felonies, punishable by up to two years in prison (8 USC 1325). (Id.) Moreover, federal law provides that any alien who is present in the U.S.

As codified in 8 U.S.C. § 1325, federal law provides that an alien who unlawfully enters the United States is guilty of a misdemeanor, punishable by up to six months in prison. (See also INA § 275(a)) Second and subsequent offenses are felonies, punishable by up to two years in prison (8 USC 1325). (Id.) Moreover, federal law provides that any alien who is present in the U.S. in violation of the law is deportable and “shall be removed” subject to an order. (See generally 8 U.S.C. § 1227(a)(1)(A) and (B) INA § 237(a)(1)(A) and (B))Harboring, or aiding and abetting illegal immigration is a felony, punishable by up to 10 years in prison (8 USC 1324) Overstaying a visa has no specific penalty aside from the fact that the person falls into illegal status and is deportable. Federal law provides that overstaying one’s visa is only a civil offense, not a criminal offense. (See generally INA § 222(g) and § 212(a)(9)(B)). This, however, is still a deportable offense.

 

 

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