is stupid, as you have to either fine or jail them, which seems like a waste of money, deporting them would make more sense - and deportation is civil. I think when the right first realized that the Supreme Court had held that deportation was not a criminal penalty but a civil remedy, they thought they'd get it on the books as a "crime" (a misdemeanor) without thinking through how ridiculous it is and that the result would mean keeping them in jail. Maybe it would be a deterrent if you knew that getting caught would result in a jail term, but the civil immigration detention is pretty much similar.

If they are denied, they are ordered deported, if granted, they can stay in the asylee status. I would think anyone who wanted to give up could say so, just take the order of deportation rather than stay to try to make the case. At the end, it is come in or go home, but while it is pending, and that can be a long time, they can have permission to work.

The ultimate outcome is the way you described it. (after exhausting any potential remedies).

Visas are temporary. You cn get a tourist visa and stay for as long as 6 months at a time. No longer than that. If you overstay up to a year, then when you leave the US you get a penalty of 3 years where you can't come to the US period. If you overstay it over a year, the penalty is for 10 years. (I'm pretty sure that's what it is, someone please correct me if I'm wrong).

Crossing the border without "inspection" is a misdemeanor. Dump and his cabal issued an EO last year that aimed to make crossing the border a worse crime. If someone's crossed and been caught numerous times then the penalty may involve jail time...or if caught and say you have committed other crimes you'll get your trial and end up in jail.

2nd question: you may end up in custody and the judge may grant someone a "voluntary departure" which wouldn't count as a deportation. Othrwise the immigration judge will order deportation and they'll put you in shackles and take you to a detention center and then on a plane to your country. Not sure an immigrant can withdraw an application per se. Maybe through a lawyer.

I know of someone who was being sponsored by his sister for a green card. Well, 12 years later they get a letter asking them to submit more documents to complete the process but the person didn't want to move to the US anymore so they didn't complete any additional paperwork.

I know I left a lot of details out but in a nutshell that's a somewhat pretty accurate way of how things work.