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What constitutes an illegal alien in the US? There is some one I am concerned about who has been in the States since March. Back and forth since December. Working on a visitor pass. I would like to know the rules in simple terms. Thanks LXXXX
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david ingram replies:
As you can see from the time, this is an "I can't sleep answer" .
This is not a definition out of the code. It is my definition and any one of the several US Homeland Security or treasury Agents on this list may want to add to the definition with something more specific.
An illegal alien is anyone who is in the United States illegally because they lied or used false documents or "snuck" across the border AND an illegal alien is anyone who entered the US legally and is then doing something illegal.
In your case, it seems thatyou are describing a person who is entering the US illegally by saying he or she is "just visiting" and then going to a specific location and performing services for a US employer.
The person could be entering the US under a B1 status and going to a site and installing Canadian equipment for instance and be perfectly legal. However, if they "thought" they were doing something illegal and lied to get into the US as a visitor and they intended to work (even legally) they are now an illegal alien and subject to deportation for the "lie", not for the actual work.
I have had an individual in the office in the last month who was banned form the US for five years for lying to the border person about something done in the past that he "thought was illegal" but was not. The deportation and refusal for five years was for the lie, not for the actions.
What exactly is this person doing?
david ingram
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