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How to Fix Your Status If You Entered the US Illegally

2 minute read
"Are you confused about the legality of how you entered the United States? Many people are often confused about what it means to enter a country “illegally” and what consequences it entails."
Written by My Visa Source Team
Published on:  May 4, 2021
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Are you confused about the legality of how you entered the United States? Many people are often confused about what it means to enter a country “illegally” and what consequences it entails.

If you enter a country multiple times without proper authorization, then you could be subjected to a ‘permanent bar’ which means that you would be denied entry to the US for 10 years until your US citizen child can petition for your permanent residence. Therefore, it is a pretty big deal. 

However, leaving the US and then reentering legally could prevent this hassle. To do it legally, you must understand how you can enter illegally.

What Are Confused as Unlawful Entries?

By Using Someone Else’s Documents: It does not happen often but sometimes people use someone else’s documents, such as a close family member or friend’s to enter the country if they look similar. This is not considered unlawful entry since you checked in at the Port of Entry and you were allowed to enter using someone else’s documents. 

However, the fraud committed is not a minor offense, but waivable. This does not make you an illegal immigrant. If you are discovered and are permanently barred from entering,  it is not waivable. 

Waved Through By Car: If you entered the US through a border checkpoint in a car and were let through on verbal confirmation of having valid documents, then this is considered a lawful entry. 

Waved Through By Other Means: If you were traveling by bus and were allowed to enter without much document verification, this is not considered an illegal entry. This can also happen if you are in a line and you are generally waved through without much documentation. This used to happen a lot during the 90s. 

What is Considered as Unlawful Entries?

Coming to the United States without checking in at the Port of Entry is considered an unlawful entry. This includes if no one is aware of your entering to the US or you took a secret road to avoid inspection. Not going through a Port of Entry or climbing under the border fence is considered an unlawful entry. 

However, entering the US illegally is not the end of the road. You can contact an immigration attorney to help you seek asylum or apply for legal status under the current laws.

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