How long can a non-worker be detained at most? What if they pass?

Illegal entry means that foreigners do not hold valid entry visas or legal and valid entry certificates issued by the competent authorities of China, or do not enter China from ports open to the outside world or designated ports, or enter China without inspection by border checkpoints.

Illegal residence

Illegal residence refers to the illegal behavior of foreigners who live (stay) in China and fail to apply for a visa or residence permit within the valid stay period stipulated in the visa or residence permit. Specifically, the white card issued by the immigration bureau at the time of entry, that is, the time on the I-94 form, is called illegal residence. Even multiple entry visas are considered illegal residence. You can't get a third country visa after illegal residence. But if you work illegally in the United States, and then the I-94 form expires, it is not overstaying. However, if you are found to be working illegally by the Immigration Bureau, you will live illegally from the day you are caught. Interpretation of the Immigration Law According to the interpretation of the Immigration Law, we look at what is illegal residence from four different situations. First, if you enter the United States with F- 1 and J- 1, then the words DURATION OF STATUS are written on the I-94 form, which means that as long as you keep your legal status in the United States, it is not illegal to stay. Even if the application for extension or change of identity is rejected, as long as there is no illegal work, it is not illegal residence. If the reason for refusal is illegal employment or failure to maintain identity, the time of illegal residence shall be counted from the date of refusal. In the second case, people who come to the United States with B- 1, B-2 or H- 1, H-2 should indicate the date of legal residence in the United States on the I-94 form. If the extension or change of identity is not approved and rejected by the immigration bureau before the expiration of I-94, the date of illegal residence shall be counted from the expiration of I-94; If the visa is refused after the expiration of I-94, but not more than 120 days, the time of illegal residence shall be counted from the date when the visa is refused by the immigration bureau. In the third case, if I-94 has expired, and 120 days has passed, it is illegal to stay. From 1265438 onwards, it exceeds 12 180 days, and you are not allowed to enter the country within three years after leaving the country.

Illegal employment

Illegal labor refers to the behavior of engaging in social labor and obtaining labor remuneration without obtaining legal employment status in China. The meaning of employment is the activities that people of a certain age engage in in order to get remuneration or business income. If further analysis, we need to define employment from three aspects: employment conditions refer to a certain age; Income condition refers to obtaining certain labor remuneration or operating income; Time conditions, that is, the length of working hours per week. In our country, the employed population refers to those who are over 16 years old, engaged in certain social labor and obtained labor remuneration or operating income, among which the urban employed population refers to the employed population engaged in non-agricultural activities in cities and towns. Including employees in state-owned units, urban collective units, joint-stock cooperative units, joint ventures, limited liability companies, joint-stock companies, private enterprises, Hong Kong, Macao and Taiwan investment units, foreign-invested units and individual industrial and commercial households.

Legal settlement

Measures to deal with illegal entry: According to Article 40 of the Detailed Rules for the Implementation of the Law of People's Republic of China (PRC) on the Entry and Exit of Foreigners, foreigners who enter or leave the country illegally may be fined 1000 yuan but not more than 1000 yuan, detained for more than 3 days and not more than 10 days, and may also leave the country within a time limit or be deported; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law. According to Article 27 of the Law of People's Republic of China (PRC) on the Entry and Exit of Foreigners, the public security organs at or above the county level may detain and examine foreigners who have entered or stayed illegally, monitor their residence or expel them from the country. Article 40 of the Detailed Rules for the Implementation of the Law on the Entry and Exit of Foreigners in People's Republic of China (PRC) stipulates measures to deal with illegal residence: foreigners who violate Articles 16, 19 and 20 of these Detailed Rules for illegal residence may be given a warning or fined by 500 yuan for every day of illegal residence, with a total amount not exceeding 5,000 yuan, or detained for more than 3 days and less than 0 days; If the circumstances are serious, it shall be ordered to leave the country within a time limit. Foreigners who violate the provisions of Articles 21 and 22 of these Detailed Rules may be given a warning or fined under 500 yuan; If the circumstances are serious, it shall be ordered to leave the country within a time limit. Foreigners who violate the provisions of Article 23 of these Rules and fail to implement the decisions of public security organs may be given a warning or fined between 654.38 million yuan and 654.38 million yuan at the same time of compulsory execution; If the circumstances are serious, it shall be ordered to leave the country within a time limit. According to Article 27 of the Law of People's Republic of China (PRC) on the Entry and Exit of Foreigners, the public security organs at or above the county level may detain and examine foreigners who have entered or stayed illegally, monitor their residence or expel them from the country. Measures to deal with illegal employment According to Article 44 of the Detailed Rules for the Implementation of the Law of People's Republic of China (PRC) on the Entry and Exit of Foreigners, foreigners who seek jobs privately without the approval of the Ministry of Labor of People's Republic of China (PRC) or its authorized departments may be fined up to 1000 yuan while terminating their positions or employment; If the circumstances are serious, it shall be ordered to leave the country within a time limit. Units and individuals who employ foreigners without permission may be fined between 5,000 yuan and 50,000 yuan at the same time when they terminate their employment, and ordered to bear all the expenses of repatriating foreigners who have been hired without permission.