In order to legally enter into the United States, a foreign individual must obtain the proper paperwork. He/she must complete the proper visa application and be authorized an immigrant or a non-immigrant visa. If an individual gain entry into the U.S. without the appropriate documentation, he/she has unlawfully entered into the country. Gaining illegal entry into the United States is a criminal offense. When an individual is caught illegally entering into the U.S., he/she will be returned to his/her country of citizenship.
In addition, he/she may be issued a ban, which will prohibit him/her from entering into the United States for a specified period of time. However, in order to obtain this ban, an individual must reside in to country unlawfully for more than 150 days. An individual may be issued a fine or may be incarcerated for unlawfully entering the U.S., though, in most cases, an individual caught attempting entry will simply be returned to his/her country.