Legal Consequences of Illegally Crossing the Border
As an immigration law firm, we are often asked the question “What is the penalty for entering the U.S. illegally?”
Illegal entry into the U.S. is a federal crime that, on a first offense, is a misdemeanor that often carries civil penalties. Illegal reentry is a federal felony that results in further repercussions. Illegally crossing the U.S. border has many consequences, which can include deportation and bans on reentry.
Below, we review U.S. border-crossing laws regarding unlawful entry and unlawful presence, the penalties for crossing the border illegally, and waivers of inadmissibility. We also explain how hiring a deportation defense lawyer can help you make the right decisions.
According to the Pew Research Center, as of mid-June 2025, there were 51.9 million immigrants, both legal and illegal, in the United States. The most recent estimated number of undocumented immigrants in the United States by the Pew Research Center was calculated in 2023 to be 14 million people.
Is Unlawful Entry a Felony?
Unlawful entry is a misdemeanor on the first offense, not a felony. Any subsequent unlawful entries are felonies. Unlawful entry can make it extremely difficult to reenter the United States legally.
What is the Penalty for Entering the U.S. Illegally?
The consequences of illegally crossing the border become harsher upon illegal reentry. The number of times a person has illegally entered the U.S. determines the severity of their punishment. Punishments for the first illegal entry into the United States are found in 8 U.S. Code § 1325, and the punishments for reentry into the United States are found in 8 U.S. Code § 1326.
Punishments for illegal crossings include criminal penalties for reentry, as well as “reentry of certain removed [individuals],” such as those removed due to a conviction of an aggravated felony, misdemeanors, crimes, or felonies that differ from an aggravated felony.
First Punishment for Crossing Border Illegally
When a person is caught illegally crossing the border—lawfully known as an improper entry—the first offense may include:
- Civil penalty fine of $50 to $250
- (and/or) Imprisonment for up to six months
Penalties for Improper Entry by Marriage Fraud
If a person gets married for the sole purpose of evading immigration laws—meaning they enter the U.S. based on marriage fraud—they may be:
- Imprisoned for up to five years
- (and/or) Fined up to $250,000
Penalties for Improper Entry by Entrepreneurship Fraud
If a person fraudulently establishes a business to avoid immigration laws, they may be:
- Imprisoned for up to five years
- (and/or) Required to pay civil penalty fines
Second Punishment for Crossing the Border Illegally
8 U.S. Code § 1326 outlines the legal consequences for people who illegally reenter the country. If a person is found reentering the United States illegally, the civil penalty fine is twice the amount of the first fine. The legal penalties of subsequent reentry include:
- A civil penalty fine
- (and/or) Imprisonment for up to two years
Reentry With Additional Crimes
Punishment for illegal immigration along with committing other crimes may include the following:
- If deportation happened with a conviction of three or more misdemeanors, such as crimes involving drugs or other felonies, the consequences may be:
- Fines
- (and/or) Up to 10 years in prison
- If the conviction was an aggravated felony, the consequences may be:
- Fines
- (and/or) Up to 20 years in prison
- Nonviolent offenders with unserved prison sentences may be:
- Fined
- Imprisoned for up to 10 years
- Made to finish the rest of their sentence without parole
What Is Unlawful Presence?
Unlawful presence is when a person enters the United States without being admitted or paroled, or remains in the U.S. after their authorized period of stay has expired. If your visa has expired, you must leave the United States. However, there are exceptions to unlawful presence. Speak with your immigration attorney to find out if you may be exempt from the rule. Possible reasons for exemption include:
- You were illegally in the United States as a minor
- You have a pending asylum application
- You are the victim of abuse or human trafficking
- You have evidence showing you applied for an extension of stay in a timely manner
Of course, exceptional situations can be complicated, and you must show evidence that you can be exempted from the punishments associated with breaking immigration law. It is best to speak with an experienced attorney if you are found inadmissible and are awaiting removal proceedings.
U.S. Border Crossing Laws in 8 USC 1325
Improper entry into the United States is a tricky legal situation. The immigration laws outlining improper entry fall under U.S. Code Title 8, Section 1325. They can also be found in Section 275 of the Immigration and Nationality Act (INA).
The most typical depiction of improper entry is illegally crossing the border at an unguarded border crossing, but there are many ways that a person can face punishment for illegal immigration.
A person is considered to have illegally entered the U.S. if they:
- Enter at a place without immigration officers present or at a location that is not a designated point of entry
- Enter without being examined or inspected by immigration officers
- Enter based on false or misleading information
- Enter while willfully concealing facts or materials
Examples of illegal entry include: lying on a visa application, providing false documents, and using a fake identification or a green card. Even while traveling to the United States by air or sea, you must provide identification that you are legally entering the country.
Waiver of Inadmissibility
If you have been found inadmissible to enter the United States, you may be eligible to fill out and file Form I-601A or Form I-601, Waiver of Inadmissibility.
There are two types of Provisional Unlawful Presence Waivers:
- Form I-601A asks the United States Citizenship and Immigration Services (USCIS) to waive the three- or ten-year ban, thus allowing families to remain together.
- Form I-601 is for individuals who are found inadmissible due to circumstances, such as health, lack of a labor certificate, poverty, and more.
If you are found inadmissible, your reason for inadmissibility will determine which form of waiver you should submit to USCIS. Speak with your immigration attorney as soon as possible to determine if you are eligible to request a waiver of inadmissibility.
What Is INA Section 245?
Under Section 245(i) of the Immigration and Nationality Act, immigration law provides certain eligible individuals who illegally crossed the border with a chance to adjust their status. Adjusting status means becoming a lawful permanent resident, even if the person entered the U.S. illegally.
Undocumented immigrants who submitted an immigrant petition on or before April 30, 2001, are eligible for a Section 245(i) green card. Speak with your immigration attorney to see if you fit the qualifications for this part of immigration law.
Coming to the United States Legally
Coming to the United States legally can be a confusing process. The legal system of immigration law is complex and requires precision and attention to detail. That’s why it’s always a good idea to work with a knowledgeable and experienced immigration attorney who can help you legally immigrate to the U.S.
You can come to the United States in two main ways:
An immigrant visa—also called a green card—is for people who permanently live and work in the United States. A nonimmigrant visa is a visa that grants a temporary stay in the United States. There are many types of visas within these two categories, and each one comes with its own set of forms and required documents.
Working with the best immigration lawyers in Chicago for your green card or non-immigrant visa can help ease the application process. We can help you find the right immigrant or nonimmigrant visa for you to come to the United States legally.
We know how important your immigration case is. Our team members have experience fighting to help immigrants create a life here in the United States and will advocate tirelessly for our clients. For us, immigration cases are personal, which is why you can trust us to support you on your immigration journey.
Contact an Experienced Immigration Attorney
The Chicago immigration lawyers at Scott D. Pollock & Associates, P.C. have been serving our clients for over 30 years. We provide legal representation and deportation defense to clients nationwide. Reach out to us if you have questions like “What is the current law on illegal immigration?”
Contact us to discuss your path to legal entry into the United States. Whether it’s helping you learn more about your green card eligibility, handling removal proceedings, or representing you on any immigration matter, we are here for you every step of the way.
Call us at 312.444.1940 or fill out an online form today. We look forward to hearing from you!