Once you are deported from the United States, it becomes a felony if you cross the borders or even attempt to cross into the United States. Referred to as Illegal Reentry, this federal felony charge is a serious offense and the United States Attorney has no problem making examples out of those who illegally reenter the United States.
Defining Illegal Reentry
The term “Illegal Reentry” is commonly misunderstood. According to the “Immigration and Nationality Act”, it is not just about reentering the United States after deportation. Illegal reentry occurs any time you enter the U.S after:
- You were denied admission;
- You were excluded from the U.S.;
- You were deported from the U.S.;
- You were removed from the U.S.;
- You departed the United States because of an official order to remove, deport, or exclude.
What Happens if You’re Arrested?
If you are arrested for illegal reentry, the penalties are severe. They could range from severe fines to imprisonment and fines, etc. If you reenter the country and already have a criminal record (even just a record with misdemeanor offenses) or you have been convicted of drug crimes you could be imprisoned for up to ten years.
The Immigration Consequences of Illegal Reentry
After you have been arrested for illegal reentry, fixing your immigration status is next to impossible. If you are convicted of illegal reentry, it is even more difficult.
While you may feel you were removed or deported due to unfair circumstances, do not attempt to reenter the country. Doing so could ruin your chances of having that decision overturned.
Do You Still Have Rights if Arrested?
If you are arrested for illegal reentry, you will be given the option of a public defender or hiring your own counsel. You are still entitled to a criminal hearing, where you can plead guilty or not guilty to illegal reentry (and any other charges).
What If I Need to Reenter?
Never reenter the United States illegally. Instead, contact an immigration attorney to assist you with a legal reentry. If you have been arrested for illegal reentry, contact a criminal defense attorney Miami right away.
The Law Office of Paul J. Donnelly can help you with your illegal reentry arrest. Whether you were deported or your application for entry was denied and you entered anyway, our attorneys can help. Contact us today for a consultation by calling 305-757-3331 now.