Starting level and typical ranges
These ranges use the starting level alone, before any of the facts listed below, for someone with no criminal record unless the column says otherwise. Most real cases add levels.
| Starting point | Level | Trial | Guilty plea | Plea + zero-point | Category IV, plea |
|---|---|---|---|---|---|
| Trafficking in immigration documents, the starting point | 11 | 8–14 months | 4–10 months | 0–6 months | 12–18 months |
What changes the sentence
Each of these facts moves the offense level under §2L2.1. Adjustments that apply to every offense, such as role in the offense, obstruction, a guilty plea and criminal history, come after these.
| Fact | Effect | Rule |
|---|---|---|
| Was it done for profit: No payment or expected payment, or it involved only the person's own spouse or child | −3 | §2L2.1(b)(1) |
| Number of documents or passports: more than 6 documents, rising in steps | +3 to +9 | §2L2.1(b)(2) |
| Did the person know, believe or have reason to believe a passport or visa would be used to help commit a felony: Yes | +4 | §2L2.1(b)(3) |
| Earlier felony convictions for immigration offenses: One | +2 | §2L2.1(b)(4) |
| Earlier felony convictions for immigration offenses: Two or more, each from a separate prosecution | +4 | §2L2.1(b)(4) |
| Did the person fraudulently get or use a passport: A foreign passport | +2 | §2L2.1(b)(5) |
| Did the person fraudulently get or use a passport: A United States passport | +4 | §2L2.1(b)(5) |
Important details
- Earlier immigration convictions counted here also count in the criminal record section.
- The calculator does not apply mandatory minimum sentences set by statute for this offense. If the statute of conviction requires one and it is higher than the range shown, the minimum controls; check the statute or ask a lawyer.
Frequently asked questions
What is the base offense level for immigration document fraud (trafficking)?
The guideline for immigration document fraud (trafficking) is §2L2.1 of the federal Sentencing Guidelines. Its starting level is 11, before any adjustments.
What is the guideline range for immigration document fraud (trafficking) with no criminal history points and a guilty plea?
Using the starting level alone, a person with no criminal history points who pleads guilty scores 0–6 months, including the 2-level zero-point reduction. The facts listed under “What changes the sentence” can add levels, and the judge can sentence outside the range.
Is probation possible for immigration document fraud (trafficking)?
The guidelines allow it at the starting level: with a guilty plea and the zero-point reduction the range begins at 0 months (Zone A), so prison is not required, unless the offense is a Class A or B felony or the statute rules probation out (§5B1.1(b)). Added facts can raise the range out of Zone A.
Is the calculator accurate for immigration document fraud (trafficking)?
It follows §2L2.1 of the Guidelines Manual effective November 1, 2025. It passed 5 review rounds, each comparing every number, rule and label with the manual text, and its last round found nothing to correct. Those reviews were done with AI tools, not by lawyers, and it has not yet been reviewed by an attorney, so mistakes are possible. The guidelines are advisory, and a lawyer who knows the case can tell you what actually applies.
Related offenses
- Immigration Document or Passport Fraud (Own Use)Got or used fake immigration papers or a passport for their own useVerified
- Failure to Surrender a Canceled Naturalization CertificateKept a citizenship certificate after it was canceledVerified
- Alien SmugglingSmuggled, drove or hid people without legal immigration statusVerified
- Illegal ReentryCame back to the U.S. after being deportedVerified