At Garcia & Garcia Law Firm, we understand that immigration-related criminal charges can have life-altering consequences. Whether you are facing improper entry, illegal reentry, smuggling, or transportation of unauthorized individuals, these offenses can lead to severe penalties, including felony charges, deportation, and permanent bars to reentry. Our experienced criminal defense attorneys are here to protect your rights and fight for your future.
Improper Entry & Illegal Reentry
Improper Entry
This offense occurs when an individual enters the United States unlawfully, including:
- Entering without inspection by U.S. Customs and Border Protection (CBP).
- Using fraudulent documents or misrepresenting information to authorities.
- Attempting to enter after being denied entry or with an expired visa.
Criminal Consequences:
- First-time offenses may result in fines or short-term detention.
- Repeated offenses or those involving fraud or prior removal orders may lead to felony charges, long-term imprisonment, and permanent bans from reentry.
Illegal Reentry
Individuals who have been deported, denied entry, or previously removed and later attempted to reenter the U.S. without authorization can be charged with illegal reentry.
Criminal Consequences:
- Illegal reentry is a federal felony and can result in years of imprisonment.
- Convictions make it significantly harder to seek legal immigration status in the future.
Smuggling & Transporting Unauthorized Immigrants
Immigrant Smuggling
Knowingly aiding someone in entering the U.S. illegally—whether through fraud, deception, or physical assistance—constitutes smuggling.
Criminal Consequences:
- Federal felony charges can result in 5 to 20 years in prison, depending on the severity of the case.
- Heavy fines and financial penalties.
Transporting Unauthorized Immigrants
Helping unauthorized immigrants travel within the U.S. or cross borders, even without direct involvement in smuggling, can lead to serious criminal charges.
Criminal Consequences:
- Transporting undocumented individuals is a federal offense with severe penalties, including lengthy prison sentences and significant fines.
- The severity of the punishment depends on how many individuals were transported and the intent behind the transportation.
How Criminal Charges Impact Immigration Status
1. Permanent Bars to Entry
Certain criminal convictions, such as illegal reentry and smuggling, can lead to lifetime bans from entering the United States.
2. Deportation & Removal Proceedings
A conviction for illegal reentry, alien smuggling, or other serious offenses can result in immediate deportation and prevent future attempts to gain legal status.
3. Ineligibility for Visas, Green Cards & Citizenship
Certain criminal convictions can make individuals permanently ineligible for:
- Work visas
- Green cards (permanent residency)
- U.S. citizenship
4. Increased Scrutiny & Delayed Processing
Immigration authorities place higher scrutiny on individuals with criminal backgrounds, which can lead to delays or denials of:
- Family-based immigration petitions
- Asylum applications
- Employment-based visa approvals
5. Limited Eligibility for Immigration Relief
Some individuals convicted of immigration-related offenses may still qualify for waivers or relief, but these require proving:
- Extreme hardship to a U.S. citizen or permanent resident family member.
- Exceptional circumstances that justify an exception.
