Illegal Reentry into the U.S. After Removal.

After an alien has been legally "removed" from the United States, federal criminal law makes it a felony for that alien to reenter (or be found in) the country without approval of the government. While immigration has always a hot-button issue in this country, the concept of a person coming back into the U.S after already being removed causes even more controversy. And it isn't just the common folk who have been subject to removal. 

Below you will find key information on what constitutes illegal reentry, the penalties associated with illegal reentry, and enhancements for prior convictions. Remember, if you or someone you love is facing an immigration-related issue, it is wise to contact a local attorney immediately to learn about your options.

What Constitutes "Illegal Reentry"?

Under the applicable federal criminal statute, the Immigration and Nationality Act, it is not merely illegal reentry after removal that constitutes the crime. Rather, the law applies to any alien who reenters the U.S. or is found within the country, without government approval, after having been:

• Denied admission to the U.S.;
• Excluded from the U.S.;
• Deported from the U.S.;
• Removed from the U.S.; or
• Departed from the U.S. while an order of exclusion, deportation, or removal is outstanding.

Penalties for Illegal Reentry

Under relevant federal statutes, an alien who commits illegal reentry as described above will be punished with:

• A fine; or
• Imprisonment for not more than two years; or
• Both fine and imprisonment.

Penalty Enhancements for Prior Criminal Convictions

If the alien reenters or is found in the U.S. without government approval, after a criminal felony conviction for a non-aggravated felony, or after three or more misdemeanor convictions for drug-related crimes or crimes against persons, he or she is subject punishment by:

• A fine; or
• Imprisonment for not more than 10 years; or
• Both fine and imprisonment

For aliens reentering or found in the U.S. without government approval, after a criminal conviction for an aggravated felony, the statutory maximum term of imprisonment is 20 years. Other criminal penalty increases may be imposed for aliens who have been removed after certain kinds of incarceration, and aliens deemed to be associated with terrorism.

Facing Legal Trouble After an Illegal Re-entry? An Attorney Can Help

If you have reentered the United States after being removed through a deportation, you may be facing serious charges, including incarceration. The best way to protect your rights is to work with an immigration law attorney, who will work on your behalf. Don't delay; contact an experienced immigration law attorney today.

source: immigration.findlaw

If you are undocumented and need Legal Help for DWI or DUI, Without a License, Drugs' Possession or Domestic Violence. You can contact Attorney Frank Yeverino (713) 545-2520, who specializes in Undocumented Criminal Defense of the, he will take personally the call to assist you directly and quickly. The Fy Law Firm helps you.

 

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