“Any alien who
(1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or
(2) eludes examination or inspection by immigration officers, or
(3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.”
Sounds like a criminal statute to me.
Over-staying a properly obtained visa would seem to avoid the scope of the provisions of the law that you cited and so seems not to be criminal but rather an administrative infraction of rules. However sneaking into the country with no valid visa would seem to be criminal. DO ANY OTHER LAWS APPLY???