gandalf_el_brown t1_j7vbzes wrote
Reply to comment by ICanSeeRoundCorners in ‘We are not forgotten’: Formerly deported veterans become U.S. citizens in special San Diego ceremony by ProgressiveSnark2
Isn't being in the US illegally considered a felony
ICanSeeRoundCorners t1_j7vkpsj wrote
I don't know enough to answer for certain. The main guy in this article had a green card though, so he wasn't here illegally, but it was revoked when he was charged or convicted. I imagine most of these guys had similar immigration statuses. I don't think an illegal immigrant can join the military. I'm not an expert though so I might be wrong.
vt1032 t1_j7w0x5w wrote
No. Illegal entry can be charged as a misdemeanor (8 usc 1325) but rarely is. Illegal re-entry after a formal removal can be charged as a felony (8 usc 1326) but again that's fairly rare and you more see it used in extreme cases where that wasn't the only crime, or in cases of people who repeatedly get caught doing it.
Administrative grounds of inadmissibility resulting in voluntary returns or final/expedited orders of removal are much more common.
If they were unlawfully present (regardless of entry method, so visa overstays and illegal entry) for more than 6 months or more than a year, and then departed the US, that also triggers administrative grounds of inadmissibility that bar later legal re-entry for certain periods of time, but would not be a felony.
vt1032 t1_j7w0q5y wrote
No. Illegal entry can be charged as a misdemeanor (8 usc 1325) but rarely is. Illegal re-entry after a formal removal can be charged as a felony (8 usc 1326) but again that's fairly rare and you more see it used in extreme cases where that wasn't the only crime, or in cases of people who repeatedly get caught doing it.
Mostly administrative grounds of inadmissibility resulting in voluntary returns or final/expedited orders of removal are much more common.
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