Illegal Entry into the U.S.Reasons and Consequences

Illegal Entry into the U.S.Reasons and Consequences. Entering the country without authorization is a direct violation of the Immigration and Nationality Act (INA). According to the INA, unauthorized entry or «entry without inspection» is illegal.

Entering the United States illegally generally makes a person ineligible to adjust their status within the country without first leaving as a penalty and processing the application at a consulate in their country of origin. 

In many cases, entering illegally triggers a re-entry ban of 3 to 10 years, depending on how long the individual has been in the U.S.

Legal Consequences: Illegal entry can result in deportation, re-entry bans, and other penalties. 

If someone enters the country illegally and is caught, they may be deported and banned from returning for a period that varies based on the length of their unlawful stay.

Recidivism: If a person is deported and then attempts to re-enter illegally, they may face more severe criminal charges, including imprisonment.

Special Cases Where Illegal Status Can Be Adjusted:

When a person is a victim of violence or abuse by their spouse, parent, or child who is a U.S. citizen or permanent resident, they may adjust their status without leaving the country.

The Immigration Acts of 1994 and 2000: If someone filed an immigration petition or was a beneficiary of a petition before April 30, 2001, they may be eligible to adjust their status within the U.S., even if they entered illegally, but they will also need to pay an additional fine.

DACA: Deferred Action for Childhood Arrivals (DACA) beneficiaries must travel with special permission and then re-enter the U.S. legally.

Visas for Victims of Certain Crimes or Human Trafficking: 

Victims of certain violent crimes or human trafficking may be eligible to regularize their status within the U.S.

Asylum: Those who apply for asylum within the first year of their arrival and are approved may adjust their status to permanent resident.

Temporary Protected Status: Under certain conditions, individuals may adjust their status if they meet other legal requirements.

In some cases, specific programs also help regularize the status of individuals within the country. 

There is a limited program that allows certain relatives of military personnel to adjust their status within the country without having to leave and face penalties for unlawful presence. 

There is also a law that allows individuals who have been in the country since 1972 to adjust their status, regardless of how they entered.

As you can see, entering the United States illegally complicates the possibility of adjusting status within the country; it is not always possible, as immigration laws are complex.

It is clear that the best way to enter this country is legally. It is important to understand that, like every country, the U.S. has social and economic interests, and its preference will be towards its citizens. In this case, avoiding economic and social impacts that directly affect the country is a priority.

Protection of the Labor Market: Immigration laws also protect the U.S. labor market by preventing people from entering illegally and working without authorization, which could affect wages and job opportunities for citizens and legal residents.