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Oklahoma Immigration Crimes Attorney

Oklahoma Immigration Crimes Attorney

Oklahoma Immigration Crimes Attorney

Oklahoma Immigration Attorney

All crimes involving immigration to the United States are prosecuted by the federal government. Most federal immigration crimes are investigated by U.S. Immigration and Customs Enforcement (also know as “ICE”). Federal immigration crimes include:

Improper Entry by Alien

  • Title 8, Section 1325(a) of the United States Code makes it illegal for any alien who
    • (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or
    • (2) eludes examination or inspection by immigration officers; or
    • (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact.
  • The punishment for a first offense under Section 1325(a) is up to 6 months imprisonment and/or a fine under Title 18 of the United States Code. A subsequent offense under this section is punishable by up to two (2) years imprisonment and/or a fine under Title 18 of the United States Code.

Marriage Fraud

  • Title 8, Section 1325(c) of the United States Code prohibits any individual from knowingly entering into a marriage for the purpose of evading any provision of the immigration laws.
  • The range of punishment for marriage fraud is up to five (5) years imprisonment and/or a fine of up to $250,000.00.

Immigration-Related Entrepreneurship Fraud

  • Title 8, Section 1325(d) of the United States Code makes it illegal for any individual to knowingly establish a commercial enterprise for the purpose of evading any provision of the immigration laws.
  • The punishment for immigration-related entrepreneurship fraud is up to five (5) years imprisonment and/or a fine under Title 18 of the United States Code.

Bringing In and Harboring Illegal Aliens

  • Title 8, Section 1324(a) of the United States Code makes it a crime for (1)(A) any person who
    • (i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;
    • (ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;
    • (iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;
    • (iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or
    • (v)(I) engages in any conspiracy to commit any of the preceding acts; or
    • (II) aids or abets the commission of any of the preceding acts.
  • The ranges of punishment for these federal offenses are
    • up to ten (10) years imprisonment and/or a fine under Title 18 of the United States Code for violation of paragraph (A)(i) or (v)(I);
    • up to ten (10) years imprisonment and/or a fine under Title 18 of the United States Code for violations of paragraphs (A)(ii), (iii), or (iv) in which the offense was committed for the purpose of commercial advantage or private financial gain;
    • up to five (5) years imprisonment and/or a fine under Title 18 of the United States Code for violations of paragraphs (A)(ii), (iii), (iv), or (v)(II);
    • up to twenty (20) years imprisonment and/or a fine under Title 18 of the United States Code for violations of paragraphs (A)(i), (ii), (iii), (iv), or (v) during and in relation to which the person causes serious bodily injury to, or places in jeopardy the life of, any person; and
    • up to life imprisonment or death for violations of paragraphs (A)(i), (ii), (iii), (iv), or (v) resulting in the death of any person.