What Constitutes a Breach of Immigration Law?

Immigration law violations can have severe consequences for individuals and families. At Law Offices of Jeffrey A. Thompson, we often encounter clients asking, “What is a breach of immigration law?”

Understanding these breaches is crucial for anyone navigating the complex U.S. immigration system. This post will explore common violations, their consequences, and how to avoid them, helping you stay on the right side of immigration law.

Common Types of Immigration Law Violations

Immigration law violations come in various forms, each carrying its own set of consequences. Understanding these violations is essential for anyone navigating the U.S. immigration system.

Visa Overstays

One of the most frequent violations involves staying in the U.S. beyond the authorized period. The Department of Homeland Security reported over 584,000 suspected visa overstays in fiscal year 2020. This violation can result in deportation and bars on re-entry.

Unauthorized Employment

Working without proper authorization constitutes another significant violation. This includes employment while on a non-work visa or working after a work permit expires. U.S. Immigration and Customs Enforcement (ICE) conducted comprehensive I-9 audits with increased issuance in fiscal year 2019, underscoring the gravity of this issue.

Fraudulent Marriage for Immigration Benefits

Entering into a marriage solely for immigration benefits is a serious offense. U.S. Citizenship and Immigration Services (USCIS) thoroughly investigates marriage-based green card applications.

Document Falsification

The falsification of documents or provision of false information on immigration forms represents a grave violation. This includes the use of fake passports, birth certificates, or other identity documents. Consequences can be severe, potentially leading to criminal charges and permanent inadmissibility to the U.S.

Failure to Report Changes in Address

U.S. immigration law requires non-citizens to report changes in their address within 10 days of moving. Failure to do so can result in fines, imprisonment (for willful non-compliance), or even deportation.

To avoid these violations, individuals must stay informed about their immigration status and seek legal advice when necessary. The Law Offices of Jeffrey A. Thompson (located in Brockton, Massachusetts) offers expert guidance to help clients navigate the complex immigration system and steer clear of these pitfalls.

The consequences of these violations can be far-reaching and long-lasting. Let’s examine the potential repercussions in more detail.

Consequences of Immigration Law Breaches

Immigration law violations lead to severe and long-lasting consequences. The U.S. government takes these breaches seriously, and the penalties can alter lives of individuals and their families.

Deportation and Removal

Deportation stands as one of the most severe consequences of immigration law violations. The U.S. Immigration and Customs Enforcement (ICE) manages all aspects of the immigration enforcement process, including the identification, arrest, detention, and removal of noncitizens who violate immigration laws.

The removal process involves complexity and stress. It often starts with a Notice to Appear (NTA) in immigration court. During this process, authorities may detain individuals, sometimes for extended periods.

Re-entry Bars and Inadmissibility

Certain immigration violations result in bars to re-entry into the United States. These bars range from three to ten years, or even permanent bans in severe cases. For example, individuals who accumulate more than 180 days but less than one year of unlawful presence may face a three-year bar, while those with over one year of unlawful presence could face a ten-year bar.

These re-entry bars devastate family reunification and employment opportunities. They also complicate future immigration applications, as individuals need to apply for waivers (which are not guaranteed to receive approval).

Legal and Financial Penalties

Immigration law violations result in significant fines and even criminal charges. For instance, entering the U.S. without inspection constitutes a misdemeanor punishable by up to six months in prison for a first offense. Subsequent offenses can result in felony charges with up to two years of imprisonment.

Employers who knowingly hire unauthorized workers face civil fines ranging from $573 to $22,927 per unauthorized worker for first-time offenses. Repeat offenders may face even higher penalties and potential criminal charges.

Impact on Future Immigration Benefits

Immigration law violations affect an individual’s ability to obtain future immigration benefits. When processing green card applications, U.S. Citizenship and Immigration Services (USCIS) is very strict about any past violations of U.S. immigration laws.

Even less severe violations complicate future applications. USCIS scrutinizes an applicant’s immigration history when considering applications for visas, green cards, or citizenship. Past violations lead to denials or lengthy delays in processing.

The gravity of these consequences underscores the importance of understanding and complying with immigration laws. To navigate this complex system and avoid potential pitfalls, individuals should seek expert legal advice. The next section will explore strategies to prevent immigration law violations and maintain compliance with U.S. immigration regulations.

How to Avoid Immigration Law Violations

Monitor Your Visa Status Closely

You must track your visa expiration date meticulously. Set multiple reminders at least six months before your visa expires. This provides sufficient time to prepare for renewal or explore alternative visa options. The U.S. Citizenship and Immigration Services (USCIS) offers a Case Status Online tool for checking case status and upcoming deadlines. This tool allows you to track the status of an immigration application, petition, or request using a unique 13-character receipt number.

Understand Employment Restrictions

Work authorization rules differ significantly between visa types. Review your visa’s employment restrictions thoroughly before accepting any job or engaging in freelance work. For example, F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions. H-1B visa holders must work specifically for their sponsoring employer in the job role specified on their petition.

Seek Professional Guidance for Life Changes

Major life changes can impact your immigration status unexpectedly. Consult with an immigration attorney before considering marriage, divorce, changing jobs, or moving to a different state. The Law Offices of Jeffrey A. Thompson (located in Brockton, Massachusetts) provides comprehensive guidance on how these changes might affect your immigration status and helps you navigate any necessary adjustments to your visa or green card application.

Maintain Accurate Records

Keep meticulous records of all your immigration-related documents (including copies of your visa, I-94 record, and any correspondence with USCIS). Store these documents both physically and digitally in a secure location. Individuals who maintain comprehensive records are better equipped to respond to USCIS requests for evidence, potentially reducing processing delays.

Report Address Changes Promptly

U.S. immigration law requires non-citizens to report any change of address within 10 days of moving. Use Form AR-11 to report your new address to USCIS.

Final Thoughts

Immigration law violations can result in severe consequences. A breach of immigration law includes visa overstays, unauthorized employment, fraudulent marriages, and document falsification. These violations lead to deportation, re-entry bars, fines, and criminal penalties.

Compliance with immigration laws protects your status and helps you achieve your goals in the United States. The complexities of immigration law often require professional guidance. Law Offices of Jeffrey A. Thompson specializes in helping clients navigate these intricate regulations.

Our experienced team provides expert guidance on various immigration matters (from visa applications to addressing potential violations). We offer comprehensive support to help you understand your rights, obligations, and options under U.S. immigration law. Law Offices of Jeffrey A. Thompson strives to be your trusted partner in maintaining immigration compliance and achieving success.