You overstay your visa you get picked up by the police, you get put in a jail, you go to a court represented by a lawyer and represent your case, and either rec

You overstay your visa you get picked up by the police, you get put in a jail, you go to a court represented by a lawyer and represent your case, and either receive punishment (deportation and banned entry) or achieve a settlement with the state (e.g. asylum or a visa exception). As I said, it duck types as a "crime." Pragmatics matter.