What is the definition of an illegal alien?

Prepare for the FDLE SOCE Correctional/Probation Officer Exam with interactive study tools, including flashcards and multiple choice questions. Each question provides hints and explanations to ensure you're fully equipped for your test.

The correct definition of an illegal alien pertains to a person who has entered the United States without the proper authorization, such as through inspection or with fraudulent documentation. This definition aligns with immigration laws that classify individuals based on their method of entry into the country. An illegal alien lacks the legal right to reside or work in the U.S. due to not following established immigration protocols, which is critical for distinguishing this status from other categories of immigration violations.

In contrast, overstaying a visa refers to individuals who initially entered the U.S. legally but did not leave by their visa's expiration date, which does not fit the definition of an illegal alien in the same way. Tourists who violate local laws may face legal consequences, but their immigration status might remain valid if they entered the country legally. Furthermore, applying for asylum involves a lawful process for seeking protection due to fear of persecution, and thus, does not constitute illegal entry.

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