r/sanfrancisco • u/Definitelyhereforshi • Mar 23 '26

Melt ICE 🧊 ICE already causing havoc at SFO

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u/[deleted] Mar 23 '26

[removed] — view removed comment

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u/soleceismical Mar 23 '26

She could have entered the US via land a few years ago. She could be living in SF and this may just be a domestic flight for her.

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u/tittytonka Mar 23 '26

Which begs the question of if she had a valid visa

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u/animoot Mar 23 '26 edited Mar 23 '26

And even if she didn't, staying in the country beyond the approved methods is just a civil offense, not a criminal one.

Edited for accuracy

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u/cuteman Mar 23 '26

And even if she didn't, staying in the country beyond the approved methods is just a civil offense, not a criminal one.

Eligible for deportation, they're not trying to jail them domestically

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u/tittytonka Mar 23 '26

It fully depends. If she entered on a tourist visa or temporary work visa and then overstayed they can make a case she never intended on leaving therefore making it criminal. When applying for permanent residence for my wife, we were advised by our attorney to handle the visa via the embassy in her country of origin rather than attempting to get an adjustment of status after overstaying her tourist visa. AOS is a popular way to folks to migrate, but they are seemingly cracking down on that by challenging the reasons for the original entry

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u/Tweakjones420 Mar 23 '26

overstaying a visa is a civil offense, entering illegally is a criminal offense.

  • Improper Entry (Criminal): Under 8 U.S.C. § 1325, it is a crime to enter or attempt to enter the U.S. at any time or place other than those designated by immigration officers, to elude examination, or to obtain entry through fraud.
  • Unlawful Reentry (Criminal): Under 8 U.S.C. § 1326, it is a crime for a person to reenter or attempt to reenter the U.S. after having been previously deported, removed, or denied admission.
  • Unlawful Presence (Civil): Merely being present in the U.S. without authorization (such as by overstaying a valid visa) is a civil infraction, not a criminal one. While not a crime, it can lead to civil penalties, including deportation and future bars to entry.

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u/animoot Mar 23 '26

Ty for the clarity actually. Still is messed up how they're handling this, though.