Immigration Violation - Over Staying Your Visa is Not Criminal Its a Civil Violation. It would seem many Americans do not know or understand the difference between an Over Stay and Crossing the border Illegally or a Civil Offense and a Criminal one. For every American that screams about taxes and illegals breaking the law if they would only use their brains and realize that since fines are all that is included in a civil case and they can be levied in Visa Overstays, well if you send the Civil Law breaker back to their country not only wont you recoup the fine you wont recoup the court cost either or any stays in a detention center or the flight back for that matter.. You wont do jail time for simply over staying your visa if you werent picked up for a criminal action in progress like speeding or dwi. If Deportation happens with no criminal history its only if you illegally re-enter the United States once they ship you out that it becomes criminal and jail time might result but most of the time it doesnt so more fines and court costs and transportation costs to ship home again.....So please read below and learn the difference between civil cases and criminal ones then before you spout only parts of the laws regarding Immigration Go to UCSIS.gov and read everything in its entirety before you flap your lips or run off at the finger tips. Criminal Law 1. The plaintiff is always the state or federal government. 2. Punishment may be fine and/or imprisonment. 3. State or federal statutes always establish criminal law. 4. The jury decision in a criminal trial must be unanimous. 5. The burden of proof in a criminal trial is beyond a reasonable doubt. 6. Only the defendant may appeal in a criminal case. 7. In a criminal case, the defendant is either guilty or not guilty. Civil Law 1. Both parties may be anybody, including governments, corporations and individuals. 2. The loser in a civil case cannot be imprisoned, even if he or she cannot pay the damages. 3. Civil law is established both through state and federal statutes and through court decisions. 4. For the plaintiff to win. States vary. Federal courts do require an unanimous verdict. 5. The burden of proof in a civil trial is preponderance of the evidence, which sometimes is defined as more likely than not. 6. Either party may appeal in a civil case. 7. In a civil case, the plaintiff and the defendant may both be found partially right and partially at fault.
Posted on: Mon, 25 Nov 2013 08:13:42 +0000
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