Illegal Entry / Immigration Fraud

At Federal Criminal Attorneys of Michigan, we understand the impact of immigration-related charges on individuals and families. Among these charges, illegal entry into the United States carries severe legal and personal consequences. 

If you or a loved one is accused of illegal entry, you need our skilled legal representation. Our team has in-depth knowledge of federal immigration law and the experience to protect your rights. Contact us today to speak with a seasoned federal criminal defense attorney. 

What Is Illegal Entry?

Illegal entry, a form of immigration fraud, refers to entering the United States without proper authorization or inspection by immigration officials. Under Section 1325 of the Immigration and Nationality Act (INA), this action is considered a federal misdemeanor. It differs from unlawful presence, which involves staying in the U.S. without valid immigration status after a lawful entry.

To establish illegal entry, the government must prove that:

• The individual crossed the border at a location other than an official port of entry.
• The individual avoided or evaded inspection by Customs and Border Protection (CBP) officials.
• The individual used fraudulent documents or provided false information to gain entry.

Examples of Illegal Entry

Illegal entry can take many forms, including:

• Crossing the Border Without Inspection: Entering the U.S. by bypassing designated checkpoints or walking across unmonitored border sections.
• Using Fraudulent Documents: Presenting fake visas, passports, or other documentation to gain entry.
• Clandestine Methods: Utilizing tunnels, boats, or other means to evade border security.
• Failure to Report Entry: Arriving at an unauthorized location and neglecting to notify immigration authorities.

Penalties

The penalties for illegal entry are severe and can affect your ability to remain in or return to the United States. Potential consequences include:

• Criminal charges–Illegal entry is a misdemeanor punishable by fines and up to six months in federal prison. Repeated offenses may result in felony charges.
• Deportation–Individuals caught entering the U.S. illegally may be subject to removal proceedings.
• Bars to Reentry–Those removed from the U.S. for illegal entry often face a ban on reentry of 3 to 10 years or even a permanent bar, depending on the circumstances.
• Impact on Immigration Benefits–Illegal entry may render an individual ineligible for certain immigration benefits, such as adjustment of status.

How Federal Criminal Attorneys of Michigan Can Help

Facing allegations of illegal entry can be overwhelming, but you are not alone. Let our experienced attorneys evaluate your case and develop a tailored defense strategy. Here’s how we can help:

Challenging the Evidence

We carefully review the government’s evidence to ensure it complies with legal standards. If there are procedural errors, lack of documentation, or insufficient proof, we will challenge the case against you.

Asylum or Protection Claims

If you have entered the U.S. to escape persecution, violence, or torture in your home country, we can help you file an asylum application, prevent deportation, and find a pathway to legal residency.

Humanitarian Defenses

We explore humanitarian defenses, such as your ties to U.S. citizens or the undue hardship your removal would cause your family. These arguments can be compelling in seeking relief from deportation.

Adjustment of Status

In some cases, individuals who entered illegally may still qualify for legal residency through family relationships or employment. Our attorneys will guide you through the complex waiver processes to adjust your status and obtain lawful presence in the U.S.

Negotiating Voluntary Departure

If removal is unavoidable, we may negotiate for voluntary departure, which allows you to leave the U.S. without a formal removal order. This option can minimize long-term consequences and preserve opportunities for future immigration applications.

Case Results

Felony Fraud

Defendant Found Not Guilty

Case Results

Child Pornography

Defendant Found Not Guilty

Case Results

Wire Fraud

Defendant Found Not Guilty

Case Results

Drug Trafficking

Defendant charged with possessing 100 kilograms of cocaine.
DEFENDANT FOUND: NOT GUILTY

Case Results

RICO Conspiracy

Defendant Found Not Guilty

Case Results

Felon in Possession of Firearm 924C

Defendant Found Not Guilty

Filing Waivers

Certain individuals may qualify for waivers that forgive past immigration violations. We assist with preparing and filing these applications to increase your chances of a favorable outcome.

Representation in Removal Proceedings

If you are placed in removal proceedings, our attorneys will represent you in immigration court, advocating for relief and presenting compelling evidence. We also handle appeals before the Board of Immigration Appeals (BIA).

Why Choose Us?

Federal Criminal Attorneys of Michigan offer compassionate, personalized legal representation. We know that every client’s situation is unique, so we take the time to listen to your story, understand your concerns, and choose the best defense. We approach each case with a thorough understanding of federal criminal and immigration laws and a deep commitment to protecting your rights. 

Whether challenging evidence, negotiating with prosecutors, or representing you in court, we will guide you every step of the way. Choosing us means having a partner who genuinely cares about your future. Above all, we will fight for the best possible outcome, no matter how complex your situation.

Helping People In Michigan Accused of Illegal Entry

If you or a loved one faces allegations of illegal entry, turn to Federal Criminal Attorneys of Michigan. Our experienced attorneys will stand by you, guide you through the legal process, and fight for your future. Don’t wait—contact us today.

Federal Criminal Attorneys of Michigan, based in Detroit, also assists clients with criminal defense in Lansing, Grand Rapids, Ann Arbor, Flint, and all of Michigan.