Immigration Law Violations

What Are Federal Immigration Law Violations?

U.S. immigration law violations refer to any actions or conduct that contravene the established immigration regulations and statutes of the United States. These violations can occur at various stages of the immigration process, and they involve both individuals seeking to enter or reside in the U.S. and employers or individuals who employ undocumented immigrants.
United States immigration laws cover a wide range of offenses related to the illegal entry, residency, and employment of foreign nationals.

Common Immigration Crimes Include:

Improper Entry (8 U.S.C. § 1325) – This crime involves the unauthorized entry of an individual into the United States without going through the proper immigration channels, such as crossing the border without inspection or overstaying a visa.

Illegal Reentry (8 U.S.C. § 1326) – This crime occurs when someone who has been previously deported or removed from the United States reenters the country without proper authorization. It is a felony offense and can lead to substantial penalties, especially if the individual has a criminal record.

Fraud and Misuse of Visas (18 U.S.C. § 1546) – This offense includes the use, possession, or creation of counterfeit immigration documents, such as fake green cards, Social Security cards, or work permits. Additionally, the crime involves providing false or fraudulent information in visa applications or other immigration documents, such as fake marriage certificates, fake job offers, or lying about one’s background to obtain a visa.

Harboring or Transporting Undocumented Immigrants (8 U.S.C. § 1324) – This crime involves knowingly or recklessly harboring, concealing, or transporting individuals who are in the United States unlawfully. It can apply to individuals, businesses, or organizations that facilitate illegal immigration.

Employment of Undocumented Immigrants (8 U.S.C. § 1324a) – This crime pertains to employers who hire or continue to employ individuals without proper work authorization. It also includes employers who engage in document fraud to conceal the employment of undocumented workers.

Immigration Marriage Fraud (8 U.S.C. § 1325(c)) – Entering into a fraudulent marriage for the purpose of evading immigration laws and obtaining a green card is illegal.
Unlawful Presence and Overstaying Visas: Individuals who overstay their authorized period in the United States can face civil penalties and may become subject to removal proceedings.
Asylum Fraud: Providing false information or lying in an asylum application to gain refugee status or avoid deportation is considered a serious offense.

Penalties for Immigration Law Violations

Unlawful Presence – Staying in the United States beyond the expiration of a visa or after an unauthorized entry. Accumulating unlawful presence can result in a bar from reentering the U.S. for either three years or ten years, depending on the length of unlawful presence.

Overstaying a Visa – If someone remains in the United States after their visa has expired, they could be subject to deportation or removal proceedings. Additionally, they might be barred from reentering the U.S. for a certain period, depending on the length of overstay.

Entering Without Inspection (EWI) – Entering the United States without inspection or without proper documentation is considered a misdemeanor. Penalties can include deportation, bars from reentry, and difficulties in obtaining future visas.

Visa Fraud or Misrepresentation – Providing false information or fraudulent documents to obtain a visa can result in serious consequences, including deportation, possible criminal charges, and ineligibility for future visas.

Criminal Convictions – Non-U.S. citizens convicted of certain crimes may face deportation or removal from the United States. Crimes involving moral turpitude, aggravated felonies, drug offenses, and domestic violence are among those that can trigger immigration consequences.

Employment Violations – Employers who hire unauthorized workers may face civil penalties, fines, and up to six months of imprisonment.

Immigration Document Fraud – Forging, counterfeiting, or altering immigration documents can lead to criminal charges and penalties.

Smuggling or Human Trafficking – Engaging in human smuggling or trafficking can result in severe criminal charges, including imprisonment and substantial fines.

Re-entry After Deportation – Individuals who re-enter the United States illegally after being deported may face significant penalties, including felony charges and imprisonment.

It’s important to remember that each case is unique, and penalties can vary based on factors such as the individual’s immigration history, the severity of the violation, and the circumstances surrounding the case.

Key Tasks of Defense Attorneys Representing Individuals Accused of Immigration Violations:

Defense attorneys practicing in this field provide legal representation for individuals facing immigration-related issues or violations. Their primary role is to assist clients who may be facing removal (deportation) proceedings or other legal challenges due to violations of immigration laws. Here’s an overview of what an immigration violation defense attorney does:

Legal Consultation – The attorney meets with clients to understand their immigration situation, assess the nature of the violation, and explore potential legal options. They will review the client’s immigration history, documentation, and any relevant circumstances to build a comprehensive understanding of the case.

Defense Strategy – Based on the information gathered during the consultation, the attorney develops a defense strategy tailored to the specific needs and circumstances of the client. They identify potential defenses, legal remedies, and options available to challenge the immigration violation.

Representation in Court – If the case proceeds to immigration court, the attorney represents the client during hearings and proceedings. They present the defense strategy, cross-examine witnesses, and argue on the client’s behalf to persuade the judge or immigration authorities to consider a favorable outcome.

Filings and Documentation – Immigration proceedings often involve complex paperwork and documentation. The attorney ensures that all necessary documents, forms, and filings are completed accurately and submitted on time to avoid further complications.

Negotiation – In some cases, negotiation with immigration authorities might be necessary to seek a resolution that benefits the client. The attorney may engage in discussions with the prosecution or government agencies to explore potential alternatives to removal or to seek relief on behalf of the client.

Appeals – If the initial ruling is not in the client’s favor, the attorney can file an appeal and represent the client in appellate court. They will argue why the lower court’s decision was incorrect and why their client deserves relief or a different outcome.

Relief Options – An experienced immigration violation defense attorney is familiar with various forms of relief that may be available to their clients. This could include asylum, cancellation of removal, waivers, adjustment of status, or other forms of relief depending on the individual’s circumstances.

Keeping Clients Informed – Throughout the process, the attorney keeps the client informed about the status of their case, potential outcomes, and any changes in immigration laws that may impact their situation.

Protecting Rights – One of the key roles of an immigration violation defense attorney is to ensure that their client’s rights are protected throughout the legal process. They make sure that the client receives fair treatment and is not subjected to any procedural or substantive violations of their rights.

Legal Advice and Guidance – Beyond representing their clients, the attorney provides advice on immigration matters and helps clients understand their legal rights and responsibilities to avoid future violations.

Overall, an immigration law violations defense attorney plays a critical role in advocating for individuals facing immigration-related challenges and strives to achieve the best possible outcome for their clients within the boundaries of the law.

The lawyers at the Attorneys For Freedom Law Firm have decades of experience defending the rights of their clients. Our attorneys have the experience and knowledge to provide the best possible defense of these charges.

To schedule a Strategy Session with an experienced criminal defense attorney, contact the Attorneys For Freedom today. We can be reached online at AttorneysForFreedom.com or by calling our Arizona office at 480-755-7110 or our Hawai’i office at 808-647-2423.