How is illegal re-entry into the United States penalized?

It's a felony for an individual who has previously been removed from the United States to try and re-enter the United States. It's possible for someone who has previously been deported to be permitted to return to this country though.

The presiding U.S. criminal statute that defines the word alien is the Immigration and Nationality Act. It spells out how a person who attempts to re-enter the country or who is found here after having been removed may be charged with illegal re-entry. The alien must have been previously been deported, excluded from, have departed or been denied entry to the U.S. to be able to be accused of illegal re-entry.

Individuals who are found guilty of illegal re-entry may be incarcerated for up to two years or assessed a fine. Any alien who re-enters the country illegally and commits a crime may face enhanced punishment.

An alien who is convicted of three or greater misdemeanors for crimes against others or drug-related offenses or a nonaggravated felony may be required to spend up to 10 years in prison. They may be ordered to pay fines as well.

The maximum sentence that an individual may face for entering this country illegally is 20 years in prison. There are enhanced penalties associated with the illegal re-entry of a suspected terrorist or alien with certain criminal convictions on their record.

If you've been accused of illegally entering the United States, then you're likely facing the possibility of having to spend several years in prison in addition to being removed from the country once again once your sentence has been completed. An attorney in Edinburg can advise you of your rights in your Texas immigration case to include alternatives to incarceration.

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