Improper presence: If ICE arrests a person who has been in the U.S. for many years without committing any misdemeanors or felonies, but cannot provide evidence of legal status, they will likely face charges of civil violation of immigration law rather than criminal charges. The person would likely be charged with being “unlawfully present” in the United States. Other examples of unlawful presence leading to civil charges are overstaying a visa, violating the terms of a legal entry (e.g., working on a tourist visa), and remaining in the U.S. after being ordered to leave.
What about improper entry — to enter or attempt to enter the U.S. at a place other than a designated port of entry, elude examination or inspection by immigration officers, or attempt to enter or enter through false representations or concealment of facts. A first-time offense of improper entry is typically classified as a misdemeanor, punishable by a fine, imprisonment for up to 6 months, or both. If an individual has been previously convicted of improper entry, any subsequent offense is treated as a felony, subject to a fine or imprisonment for up to 2 years, or both.