People who crossed border VS People who flew

So I have question.

I noticed that basically becoming illegal or undocumented is either to cross the border and arrive in US as illegal (if you live in Mexico), or legally enter in US through airplane and become illegal( visa over stay.)

So are there big difference between those two??

I just know one difference, which is that those who's overstaying don't have to face ban if they get married.

What else? Is that all ?

Does A Tunnel Count?

Overstaying a visa is not a crime (only a "civil offense") but crossing the border is. I think you can go to jail for the latter. It's like trespassing.

If that was true then EWI's would not qualify under 245i.

Crossing the border (entering without inspection) is only a crime if you try it after you've been deported or have gone home. For first time violators, it's just a civil violation. It's why people who try multiple times have a permanent ban.

Still, crossed the border or overstayed, illegal is illegal. I don't see a point why those who crossed were given heavier sanctions.

Yeah, if anything I would think that the sanctions should be harsher against overstays since the U.S. govt already gave you a chance and you/your family decided not to follow through and leave the country. EWIs almost would not have had a chance given to them because of all the requirements/quotas. The whole system is all sorts of messed up.

The government has far less info on EWIs than on visa overstays, especially nowadays. Visa overstays are just that; there's no criminal punishment or even the potential for one for entering and overstaying. Multiple EWI is grounds for a permanent bar and criminal prosecution.

Also, it's slightly racist. The people most likely to EWI are Mexicans and Central Americans. People more likely to overstay? Foreigners who it costs a lot more to deport and who are likely more educated. (They're also less likely to be Hispanic.)

Well I am sorry not all illegals can just walk and swim from another continent.