Illegal Entry into the U.S.: Can Long-Term Residents Be Deported After 30 Years?

Many individuals who were brought to the U.S. illegally and did not obtain their citizenship often entertain the notion that their illegal status will somehow fade over time. However, the reality is alarmingly different. Not only is deportation a possibility, but it actually becomes more likely as the years pass. Whether they are family to you or not, the potential for deportation looms large based on one's choice to remain illegally present.

Huge Differences in Legal Status

It's important to understand that illegal entry into the U.S. is a severe offense that involves crossing the border intentionally without permission, and maintaining that illegal status by refusing to become naturalized. Despite popular misconceptions, the act of being in the U.S. illegally never becomes legal merely by the passage of time. The difference between being brought to the U.S. and illegally crossing the border is profound, and the choice to remain undocumented is the individual's own.

Additionally, the individual has had the opportunity to regularize their status or leave the country, yet has chosen to remain illegally present. This ongoing illegal presence is a major factor in determining their current status and future possibilities.

Consequences of Illegal Presence

If you were brought to the U.S. illegally, you are subject to severe penalties, including deportation. There are specific timeframes and infractions that can trigger the possibility of deportation:

After 6 months of unlawful presence, an alien is subject to a 3-year bar from re-entering the U.S. After a year of unlawful presence, an alien is subject to a 10-year bar from re-entering the U.S.

An illegal act does not lose its illegal nature through the mere passage of time. The status of "unlawful presence" can only be waived for aliens who are the spouse of a U.S. citizen. However, if sponsored by another relative, the alien must return to their home country and obtain a visa for consular processing of their application. Adjustment of status in the U.S. is not possible for individuals who entered without inspection or failed to maintain their legal status continuously.

In summary, unless an individual marries a U.S. citizen, they cannot adjust from an unlawful status to a lawful status through any means in the U.S. Once they leave, they are inadmissible for the duration of the unlawful presence ban.

Deportation Possibilities

While it is theoretically possible for someone to be deported even after 30 years, the likelihood decreases with each passing day. However, certain factors, such as a felony conviction or certain misdemeanors, can significantly increase this likelihood. Regardless of the law's stance, it is not overly cruel—it is the result of enacted policies designed to uphold the integrity of immigration laws.

The DACA Dilemma

The Deferred Action for Childhood Arrivals (DACA) program was designed to benefit children who were brought to the U.S. by their parents as minors, allowing them to gain permanent resident status and remain in the country. However, this luxury is not extended to individuals who were brought to the U.S. by human traffickers. The current challenge is that those who fall into this latter category remain unable to ever obtain U.S. citizenship, as they must leave the country and re-enter legally, which is the same process available to all individuals currently in the U.S. illegally.

In conclusion, while the potential for deportation exists, it is a powerful reminder of the importance of understanding and respecting the laws of the land. Taking responsibility for one's actions and working towards legal status is the key to avoiding the harsh realities of deportation.