You're missing the point. No one will be caught entering the U.S., with or without a visa, in a Sunnyvale mall parking lot. All you will likely be able to catch

You're missing the point. No one will be caught entering the U.S., with or without a visa, in a Sunnyvale mall parking lot. All you will likely be able to catch is unlawful presence, which is a civil matter and not a crime.