{"id":352769,"date":"2022-08-19T07:42:47","date_gmt":"2022-08-19T12:42:47","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/immigration\/deportation-removal\/ewi-entry-without-inspection.html"},"modified":"2023-06-28T10:50:22","modified_gmt":"2023-06-28T15:50:22","slug":"ewi-entry-without-inspection","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/immigration\/deportation-removal\/ewi-entry-without-inspection.html","title":{"rendered":"EWI: Entry Without Inspection"},"content":{"rendered":"\n
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EWI: Entry Without Inspection<\/h1>\n\n
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\n By Meagan Neil, Esq.<\/a> | Legally reviewed by Meagan Neil, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Entry without inspection (EWI) occurs whenever foreign national crosses the U.S. without legal permission to enter the country. While most individuals who entered without inspection cannot adjust their status, limited exceptions and waivers may apply.<\/p>\n\n <\/div>\n\n\n\n

Over the past decade, the United States has dramatically increased border security. Yet many people still enter the U.S. without inspection each year.<\/p>\n

This article provides a comprehensive and easy-to-understand guide of Entry Without Inspection, its legal consequences, and potential options for relief.<\/p>\n

Entering the U.S. without inspection is a serious offense. This act can result in jail time, removal proceedings, and deportation. It can also bar forms of relief. If you’re facing an EWI issue, an immigration attorney<\/a> can explain your options. They can provide confidential guidance regardless of your legal status.<\/p>\n

Improper Entry vs. Unlawful Presence: Understanding Immigration Status<\/h2>\n

Under federal law, a foreign national who enters the U.S. illegally commits the crime of\u00a0improper entry<\/a>.<\/p>\n

According to\u00a0<\/span>the Immigration and Nationality Act<\/a> (INA), a foreign national who commits the crime of improper entry into the U.S. is punishable by law.<\/span>\u00a0The first offense can lead to six months of imprisonment and a $250 to $5,000 fine. But once a person has illegally entered and is living in the U.S., their unlawful presence is a civil offense rather than a criminal offense.<\/p>\n

It is also important to note that unlawful presence is when a foreign national\u00a0overstays a visa<\/a>, even if they initially entered the U.S. legally. Individuals who are unlawfully present in the U.S. face\u00a0detention and deportation<\/a>. This act can also bring negative immigration consequences if they want to re-enter the U.S. or apply for resident status in the future. An immigration court can bring up these issues, and then an immigration judge will decide.<\/p>\n

The Consequences of Entering the U.S. Without Using an Official Border Checkpoint<\/h2>\n

Border jumping can have both immediate and long-term consequences. Immigrants who enter the U.S. without inspection can be immediately detained and deported. Further down the road, the U.S. may bar them from applying for legal status.<\/p>\n

The\u00a0Department of Homeland Security<\/a>\u00a0(DHS) and its components often handle these cases. Under the\u00a0Illegal Immigration Reform and Immigrant Responsibility Act of 1996<\/a>\u00a0(IIRIRA), a person who enters the U.S. without permission is “inadmissible,” meaning that they are generally ineligible to\u00a0adjust status<\/a>\u00a0(or apply for a visa) while still in the United States.<\/p>\n

The DHS and immigration officers can start deportation proceedings. The proceeding begins with a notice to appear sent to the foreign national in question.<\/p>\n

When Can You Return to the U.S. Legally After Border Jumping?<\/h2>\n

If the foreign national takes a voluntary departure from the U.S., they can apply for admission back into the U.S.<\/a> after being abroad for three or 10 years. The three and 10-year bars apply under these circumstances:<\/p>\n