Immigration crimes are a growing area of federal law prosecutions. Most immigration crimes involve either illegal entry (8 US Code § 1325) or illegal re-entry (8 US Code § 1326) into the United States, and the circumstances that surround each of these areas.
Immigration Crimes Of Improper Or Illegal Entry
Illegal entry into the United States by an alien is against federal law. The law requires that a person enter the United States at a designated point of entry, following all immigration laws. To enter at a non-designated point or without the proper paperwork constitutes an illegal entry.
Any alien who enters or attempts to do so at any time or place other than as designated by immigration officers has violated the law. It is also against federal law to elude examination or inspection by immigration officers. Finally, an alien who attempts to enter or obtains entry to the United States by a willfully false or misleading representation, or the willful concealment of a material fact, will have violated federal law.
The penalty for a first offense of any of the above violations is up to six months in prison, a fine, or both. The penalty for a subsequent violation is a fine, up to two years in prison, or both.
After a federal indictment in Tulsa leads to a conviction, deportation or removal is also used to return illegal aliens to their homeland.
Bringing Illegal Aliens Into The United States Or Harboring Illegal Aliens
It is unlawful for any person or entity to bring an alien into the country who does not have a valid passport and valid visa. The fine is $3,000 for every illegal alien brought into the country. 8 US Code § 1323
Likewise, immigration laws prohibit the harboring of illegal aliens within the United States. Under the law, a person can be charged and convicted for knowingly or in reckless disregard:
- bringing an illegal alien through a non-designated point of entry or attempting to do so;
- transporting a person who has entered the United States illegally;
- concealing, harboring, or shielding an alien from detection, or attempting to do so;
- encouraging or inducing an illegal alien to enter or reside in the United States; or
- conspiring, aiding, or abetting in any of these actions.
8 US Code § 1324
Penalties depend upon motive. For a defendant who harbors, transports, conceals, or the like for financial gain, the penalty is a fine, imprisonment up to 10 years, or both for each illegal alien involved. If there is no financial motive involved, the penalty is up to five years in prison and a possible fine for each illegal alien involved.
If the person harbored causes another serious injury, you could face up to 20 years in prison. However, if that alien causes someone’s death, you could face life in prison.
Marriage Fraud
Green card marriages are also illegal, but the penalties are stiffer. If you knowingly enter into a green card marriage, you are in essence, lying to the government. And if caught, you could face up to five years in prison and a fine up to $250,000.
The immigrant involved will likely be deported and their visa, if any, will be revoked. Nor is it likely that they will be granted another visa to enter the United States.
Investigations into these marriages can occur even far into the future. It is not unlikely that an immigration interview will occur two or three years after the marriage takes place. It can also occur if and when the immigrant seeks citizenship.
Immigration violations can mean years in prison. If you or a loved one are being investigated or charged for an immigration violation, get help from a Tulsa criminal attorney quickly.
Free Consultation: Tulsa Federal Criminal Defense Attorney
Get the help you need. It’s time to retain a Tulsa criminal defense lawyer who is knowledgeable regarding federal law and procedure and who will look out for your legal interests. Contact a Tulsa federal criminal defense attorney at Tulsa Criminal Defense Law Firm today for a free, confidential consultation.
A Tulsa federal criminal defense attorney can advise you on how the process works and offer answers to your specific questions. To begin your free consultation, call 918-256-3400 now.