I really don't think you understand the difference between unlawful presence and improper entry. One of these is a crime while the other is not. Restating your false premise at the end doesn't make it more true; unlawful presence in the U.S. is not a crime, that's a simple fact.
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.
