Friday, March 31, 2006

U.S. Code: Section 1325 - Improper entry by alien

U.S. Code as of: 01/06/03

Section 1325. Improper entry by alien

(a) Improper time or place; avoidance of examination or
inspection; misrepresentation and concealment of facts;

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, shall, for the
first commission of any such offense, be fined under
title 18 or imprisoned not more than 6 months, or both,
and, for a subsequent commission of
any such offense, be fined under title 18, or imprisoned
not more than 2 years, or both.

(b) Improper time or place; civil penalties;

Any alien who is apprehended while entering (or attempting
to enter) the United States at a time or place other than
as designated by immigration officers shall be subject
to a civil penalty of -
(1) at least $50 and not more than $250 for each such
entry(or attempted entry); or
(2) twice the amount specified in paragraph (1) in the
case of an alien who has been previously subject to
a civil penalty under this subsection.
Civil penalties under this subsection are in addition to,
and not in lieu of, any criminal or other civil penalties
that may be imposed.

(c) Marriage fraud;

Any individual who knowingly enters into a marriage for the
purpose of evading any provision of the immigration laws
shall be imprisoned for not more than 5 years, or fined not
more than $250,000, or both.

(d) Immigration-related entrepreneurship fraud;

Any individual who knowingly establishes a commercial
enterprise for the purpose of evading any provision of the
immigration laws shall be imprisoned for not more than 5 years,
fined in accordance with title 18, or both.


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