Criminal Violations And Immigration Law: What You Need To Know
20 January 2025In the realm of U.S. immigration law, certain acts that might seem minor or procedural can escalate into criminal violations, creating serious consequences for noncitizens. While some offenses, like unauthorized entry or overstaying a visa, are civil violations, others—such as failure to depart or neglecting to update your address with immigration authorities—can carry criminal penalties. Understanding the distinction is crucial for safeguarding your immigration status.
What Is Considered a Criminal Violation in Immigration Law?
Failure to Depart After a Removal Order
Under 8 U.S.C. § 1253, individuals who fail to leave the United States within the time frame specified in their removal order may face criminal penalties.
- Penalties:
- Up to 4 years of imprisonment if the individual’s removal was based on certain criminal convictions.
- Up to 1 year of imprisonment in other cases.
- Example: A person ordered removed for overstaying their visa but who remains in the U.S. without seeking a stay of removal or other relief risks criminal prosecution for failure to depart.
Failure to Update Address with USCIS
Under 8 U.S.C. § 1305, all noncitizens are required to report a change of address to U.S. Citizenship and Immigration Services (USCIS) within 10 days of moving.
- Penalties:
- Failure to comply may result in a misdemeanor charge, carrying fines or up to 30 days in jail.
- Additionally, neglecting this obligation can lead to removal proceedings for violating immigration regulations.
- Example: A green card holder moves to a new state and forgets to update their address with USCIS. Months later, they miss a critical notice regarding their case and are placed in removal proceedings.
Reentry After Removal
Under 8 U.S.C. § 1326, reentering the U.S. without authorization after being deported or removed is a federal crime.
- Penalties:
- Up to 20 years of imprisonment if the individual was previously removed due to an aggravated felony.
- Up to 2 years of imprisonment in other cases.
Immigration Fraud and Misrepresentation
Providing false information, using fraudulent documents, or lying to immigration officials can lead to criminal charges under 18 U.S.C. § 1546.
- Penalties: Fines and imprisonment of up to 10 years for fraudulent visa or green card applications.
Failure to Appear in Court
This is not a crime. However, missing a scheduled immigration court hearing without proper cause can result in a removal order in absentia.
- 1. Civil Consequences:
- Failing to appear for a scheduled immigration court hearing can lead to a removal order in absentia under 8 U.S.C. § 1229a(b)(5).
- The immigration judge is required to issue this order if the Department of Homeland Security (DHS) shows that proper notice of the hearing was provided and the individual did not appear without good cause.
- An in absentia order is extremely difficult to overturn unless you can demonstrate:
- Lack of notice (e.g., you did not receive the hearing notice).
- Exceptional circumstances (e.g., serious illness, hospitalization, or other unforeseen events).
- 2. Immigration Consequences:
- A removal order in absentia can bar you from certain immigration benefits, such as voluntary departure.
- It may also affect future attempts to return to the U.S. legally, as there are penalties associated with prior removal orders.
- 3. Criminal Implications:
- Although failing to appear in immigration court is not a crime, providing false information to immigration officials or courts (e.g., false address for notice) can result in criminal charges under 18 U.S.C. § 1001.
- If an individual intentionally avoids court with fraudulent intent, it may be tied to other violations, such as harboring or evading immigration laws, which can have criminal consequences.
- 4. Practical Tips:
- Always keep your address updated with the court and DHS. Use Form EOIR-33 for immigration court and Form AR-11 for USCIS.
- If you cannot attend a scheduled hearing, file a motion to continue as soon as possible and explain your reasons.
- Consult an experienced immigration attorney immediately if you miss a court hearing to explore options to reopen your case.
Consequences of Criminal Violations on Immigration Status
- Deportation and Removal: Any criminal conviction can render a noncitizen deportable, especially those classified as “crimes involving moral turpitude” or aggravated felonies.
- Bars to Reentry: Individuals convicted of criminal violations may face lengthy bars to reentry, ranging from 5 years to permanent exclusion, depending on the offense.
- Ineligibility for Immigration Benefits: Criminal violations may disqualify individuals from applying for benefits such as adjustment of status, asylum, or naturalization.
How to Protect Yourself
- Stay Informed of Your Obligations: Regularly review your legal responsibilities, including updating your address and adhering to court orders.
- Seek Legal Advice: If you are unsure about your immigration obligations or face potential criminal charges, consult an experienced immigration attorney immediately.
- Respond Promptly to Notices: Ignoring correspondence from USCIS or immigration courts can lead to avoidable penalties, including removal.
- File for Relief If Applicable: Explore options such as stays of removal, motions to reopen, or waivers to avoid criminal penalties and protect your immigration status.
Conclusion
What may seem like a minor oversight, such as failing to report a change of address, can have serious legal and immigration consequences. Understanding the difference between civil and criminal violations is essential to staying on the right side of the law and protecting your future in the United States. If you are unsure about your obligations or face potential penalties, seek guidance from a knowledgeable immigration attorney.
At the Law Office of Alena Shautsova, we specialize in helping immigrants navigate the complexities of U.S. immigration law. Contact us today to discuss your case and take proactive steps to safeguard your status. Visit Law Office of Alena Shautsova to schedule a consultation.