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The fact-check discusses how visa overstays are handled in the U.S., including the current civil immigration violations and proposed legislation to criminalize some overstays.
8 U.S.C. §1325 criminalizes unlawful entry as a misdemeanor—applied to people who cross without inspection, avoid examination, or make false statements—punishable by fine and up to six months in jail ...
makes it a crime for a noncitizen to “enter or attempt to enter the at any time or place other than as designated by immigration officers,” punishable as a misdemeanor on first offense and subject to ...
of Title 8 criminalizes improper entry into the —specifically entering or attempting to enter at a time or place not designated by immigration officers, or eluding inspection—and is aimed at crossings...
Visa overstays are primarily a civil immigration violation under current U.S. practice: they trigger “unlawful presence,” automatic visa cancellation, removal proceedings, and re-entry bars rather tha...
Improper entry into the —commonly described as ""—is generally a federal misdemeanor on a first offense under 8 U.S.C. §1325, punishable by fines or up to six months' imprisonment . By contrast, unlaw...