Unlawful Entry

Unlawful Entry Defense

The United States has strict laws as to who can enter the country and how long they can stay after entering.  Violations of these rules of entry can lead to a significant prison term if convicted.  Even if you do not personally enter illegally, but you are accused of assisting another person of illegal entry, the punishment can be severe.  An experienced immigration attorney at Boles Holmes White will decide whether it is time to negotiate with authorities for alternate resolutions to avoid incarceration, or fight the charges in a court of law.

If you have been charged with one of the following and/or have received a notice of deportation from the United States, contact the experienced attorneys at Boles Holmes White as soon as possible to obtain outstanding defense and advocacy.

Re-Entry After Removal

  • As the most typical charge brought against non-citizens, Re-Entry after being removed at a prior time is a serious crime. Depending on the circumstances of the prior removal, a convicted defendant could face up to 20 years in prison.

Improper Entry

  • If one is convicted of entering the U.S. at an improper time or place, misrepresents/conceals facts, or enters into marriage to evade immigration law, there are monetary fines and possible imprisonment terms up to 5 years.

Producing/Presenting False ID Documentation

  • First-time immigration document counterfeiters could receive up to 5 years in prison, and if previously convicted of the same crime, up to 15 years. If you have allegedly produced or presented false immigration documents, contact the Boles Holmes White criminal defense team as soon as possible.

Unlawful Bringing of Aliens

  • It is unlawful for any person or carrier to either 1) bring a person who does not have a passport or valid visa or 2) to take any consideration/compensation on a contingent basis of the alien’s admittance into the U.S. The penalty for a conviction is $3,000 for each illegal alien brought and an additional fine equal to the “fare” paid by each said alien. There can also be harsher punishments under separate charges listed below:
  • Bringing In & Harboring Certain Aliens (8 USC § 1324)
  • If the violator has “knowingly” or “recklessly” brought an alien into the U.S. with knowledge they are illegal, he or she will be fined and could be imprisoned up to 1 year. If the violator acts with knowledge the alien will commit a crime against the U.S., acts for commercial advantage, or does not report the immigrant to the proper authority, then that person could be fined and receive up to 10 years in prison. Lastly, the prison sentences could be increased by up to 10 years if the bringing-in was done in an ongoing commercial organization, transported in groups of 10 or more, or transported in a manner that endangered the immigrants’ or U.S. citizens’ lives.
  • Aiding or Assisting Certain Aliens to Enter (8 USC § 1327)
  • If you are charged with bringing an alien convicted of a crime involving “moral turpitude” or controlled substances, you could receive a fine and up to 10 years imprisonment.
  • Importation of Alien for Immoral Purpose (8 USC § 1328)
  • If you have been charged with bringing in an alien for prostitution or any other “immoral purpose”, you could receive a fine and up to 10 years imprisonment.

Contact Boles Holmes White in Birmingham, AL as soon as possible after your arrest/charges to get your defense organized and under way. Our experienced team will advise you and fight for your right to stay in the country.

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