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Is it illegal to have someone over to visit in your home if the person is in the usa illegally?

Frederick, MD |

Is it illegal to have someone visit your home if the person is in the usa illegally?

Attorney Answers 3


Your question is not clear. But you cannot officially invite someone without a status to back the affidavit of support. Even if it was possible I will not advise it.

Good Luck
Shah Peerally
Founder and Managing Attorney of Shah Peerally Law Group PC
The Law Firm Deals in Immigration law & Debt Relief

Note: The above answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

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In short, there is no law broken by simply having a guest over to your home (even if they are not in legal status). However, criminal charges may apply under 8 U.S.C. 1324(a)(l)(B)(i), all in violation of 8 U.S. C. 1324(a)(l)(A)(iii) and (a)(l)(A)(v)(II), for "harboring illegal aliens" for the purpose of commercial advantage and private financial gain if you do so knowingly and in reckless disregard of the fact that certain those persons, had come to, entered and remained in the United States in violation of law. It is also important to note that employment of an unauthorized worker is also not permitted.

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The short answer to your question is "no". The law does not prohibit you from having "illegal aliens" as friends or spouses or family members.

The law prohibits "harboring and bringing in illegal aliens". You'll see by reviewing the statute, that the law is aimed at prohibiting the aiding and abetting of bringing in aliens illegally, transporting them or hiring them. The full language of the statute is the first link below. As a practical matter this applies to persons making a living. In the last couple of years we have seen an increase in ICE bringing charges against employers hiring aliens not authorized for employment as a practice.

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