Kevin
Active Member
Kevin, I think what you're talking about is "unlawful presence". That doesn't always go hand in hand with illegal entry - a federal misdemeanor, as you say:
http://www.dallascriminallawyer.com/blog/uncategorized/federal-misdemeanors-list/
But repeat illegal entry offenses are a felony. Unlawful presence is simply being in this country when you are not supposed to be here even if by overstaying a visa permit. It is a civil offense:
http://www.us-immigrationvisa.com/topics/unlawful-presence
and the punishment is usually deportation. This is an even more detailed explanation of the application of unlawful presence:
https://www.temple.edu/isss/immigration/overstay.html
so he's right, it's not technically a crime but it is grounds for deportation.
unlawful
adjective
1.
not lawful; contrary to law; illegal.
punishment
noun
1.
the act of punishing .
2.
the fact of being punished , as for an offense or fault.
3.
a penalty inflicted for an offense, fault, etc.
4.
severe handling or treatment.
So it isn't a crime, but there is a punishment (deportation) associated with it. OK, that really clears it up. Roflmao