U.S. immigration laws are complex, particularly when bringing a family member or friend from another country to the United States. While understandable, the separation from loved ones with whom one shares conversations and sorrows can be tough. Visa specifics and long waiting lists often drive people to seek ways to legally bring their relatives into the country. This raises a critical question: Is it possible to endanger one’s immigration status by helping a relative smuggle through the border of the United States? As part of our complete overview of the matter, we’ll consider how it is regulated and the legal repercussions.
Alien Smuggling: A Definition
For the full extent of the matter to be fully realized, one must familiarize himself with what immigration laws consider “alien smuggling”. An “alien smuggler” is a person who recruits or traces others to transport, or to aid or abet others to transport, aliens into the United States in violation of the law (I. N. A § 212(a)(6)(E)(i)). The important point here is that the crimes of alien smuggling have not only narrowed to the act of physically transporting a person across the border but also include many more.
Actions That Constitute Alien Smuggling
- For example, paying a person to help the relative sneak into a neighboring country or state.
- Helping a relative to enter the country through the use of forged documents for example helping a relative with money to pay for counterfeit papers to gain entry to a country.
- People who provide their relatives with fake IDs such as fake passports or birth certificates.
- Sneaking an old person because they failed to acquire legal papers to allow them entry into the U.S.
Such actions mentioned above are the most common ways in which people engage in alien smuggling; however, the given legal definition also includes other actions that may also fall under this category not outlined here.
However, it’s important to highlight the fact that alien smuggling can be prosecuted criminally even if both the alien perpetrator and the person being smuggled are never arrested nor is their attempt at entering the United States successful. Even if one may offer assistance or supplies to such an activity, there would be a permanent blot to record on the file of the applicant’s immigration to the United States.
Ramifications on Your Immigration Status
Assisting a family member or another individual in an unlawful entry into the United States, commonly referred to as alien smuggling, can have far-reaching effects on your immigration status:
When Applying for U.S. Permanent Residence (Green Card)
Applicants who help or incite others to enter the United States illegally are deemed inadmissible. This means they cannot apply for or obtain a U.S. green card or any other U.S. visa, even if they meet other requirements.
When Pursuing U.S. Citizenship
The challenges presented in proving good moral character to the naturalization and statutory requirements for the green card holders and the U. S. Citizenship does not come with ease and a failure in proving the same can lead to a straight denial of the citizenship. Any alien smuggler convicted of the crime permanently loses eligibility for naturalization based on good moral character from seven years before the conviction. If convicted after November 29, 1990, the aggravated felony also eliminates eligibility for good moral character in naturalization.
Case law reveals that even aliens not accused or convicted of alien smuggling can face difficulties with naturalization. To qualify, an applicant must show good moral character for the five years before applying (or three years if applying earlier due to exceptions like marriage to a U.S. citizen). Immigration rules state that if an applicant helped or encouraged a relative to enter the country illegally, this could violate the good moral character requirement and disqualify them from naturalization.
For Undocumented Individuals in the United States
U.S. immigration policy that deregulates immigrant statuses puts undocumented immigrants at risk of deportation. Engaging in alien smuggling provides grounds for removal under the Immigration and Nationality Act (INA) section 237(a)(1)(E)(i) and reduces chances of obtaining other immigration relief.
For Visa or Green Card Holders
Even visa or green card holders can face deportation for alien smuggling. An immigration judge can order removal based on the circumstances, regardless of a criminal conviction.
Is There a Waiver for Alien Smuggling?
Legal forgiveness, or a limited waiver, is available only to certain taxpayers under specific conditions. It applies to U.S. permanent residents, green card applicants, and immigrant visa applicants who have helped their spouse, child, or parent enter the U.S. illegally. To avoid punishment, they must prove their situation warrants consideration for humanitarian, family unity, or public interest reasons.
This waiver is valid only if the person helped is a spouse, child, or parent. If someone has sponsored anyone else, like a sibling, they cannot receive this waiver.
Moreover, in another case focusing on the Ninth Circuit, the appellate court that handles cases in several of the western states it was made clear that this kind of waiver cannot be used in deportation proceedings to overcome the good moral character hurdle. This means that anyone who lives within the Ninth Circuit who assisted his/her relative to enter the United States illegally, he/she fails to meet the requirements to cancel of removal, which acts as a shield against deportation.
Seek Legal Assistance
Navigating U.S. immigration law, especially with alien smuggling issues, needs expert legal guidance. For family-based immigration, an experienced attorney can simplify the process and handle challenges. If facing arrest or accusations of alien smuggling, seek legal counsel to protect your rights and manage the legal system.
In conclusion, assisting in the unlawful entry of family members, known as alien smuggling, can have severe consequences. Understanding the legal implications and seeking expert help are crucial for protecting your immigration status and rights.
