3 Strikes Your Out.

[French jurist]

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[steveinbsas]

Trámite, you mean? I'm assuming they mean your DNI.

If I'm not mistaken, you can't request formal residency if you don't have a stamp in your passport. As far as they know, you just crossed the border illegally, or am I missing something?

I think simonmichael was referring to getting a new stamp upon reentry and the trámite is that of applying for "formal" residency. The DNI is issued only after residency is granted.

When applying for temporary or permanent residency migraciones will look for the date of first entry (ever) into Argentina.

If you don't have a "current" 90 day visa (or extension) they will charge the overstay fee even if you are granted a temporary or pemanent resident visa.

If the visa is denied they will charge the overstay fee and give you ten days to leave the country.

Then you can overstay (again) and apply for citizenship (a year after your first entry).

 

[sesamosinsal]

I think simonmichael was referring to getting a new stamp upon reentry.

When applying for temporary or permanent residency migaciones will look for the date of first entry (ever) into Argentina.

If you don't have a "current" 90 day visa (or extension) they will charge the overstay fee even if you are granted a temporary or pemanent resident visa.

If the visa is denied they will charge the overstay fee and give you ten days to leave the country.

Then you can overstay (again) and apply for citizenship (a year after your first entry).

Perhaps I'm being dense... But If you entered the country and then you left, you're no longer in the country on paper and in their system. If he came back and wasn't given any stamp at all and just allowed to go through, then he's certainly not "here" on paper and likely not "here" on their system either. Are you saying that as long as you have a stamp showing that you entered Argentina (and left, as the case may be), then you are still eligible to go through the formal process? Thanks.

 

[steveinbsas]

Perhaps I'm being dense... But If you entered the country and then you left, you're no longer in the country on paper and in their system. If he came back and wasn't given any stamp at all and just allowed to go through, then he's certainly not "here" on paper and likely not "here" on their system either. Are you saying that as long as you have a stamp showing that you entered Argentina (and left, as the case may be), then you are still eligible to go through the formal process? Thanks.

Even if you don't have a stamp that says you came back, if you are here you can apply for residency. If you qualify you can stay. If not they will give you ten days to leave. Migaciones does not refuse to process applications because a stamp has expired. I doubt that no reentry stamp could be any worse and I don't think they'll tell you to leave the country and reenter to get a new stamp before you apply for residency.

If you can't qualify for a visa and want to stay the best thing to do is stay away from migraciones. The next time he leaves, simonmichael will probably have to pay an overstay fee, but now he knows better than to make another 90 day visa run. The three strike "rule" has been talked about for years but seldom enforced. The "deportation" order that Dr. Rubilar recently posted here shows that it recently has been enforced and the correct term for what we have been calling "perma-tourist" is pseudo-tourist.

 

[simonmicheal]

I Did think it was strange that he never stamped my passport, when I leave the country i'm going to have a lot of explaining to do, its going to confuse the shit out of migraciones.
My passport has so many Argie stamps from coming and going and fines etc it looks bad, I dread going the airport.

 

[steveinbsas]

I Did think it was strange that he never stamped my passport, when I leave the country i'm going to have a lot of explaining to do, its going to confuse the shit out of migraciones.
My passport has so many Argie stamps from coming and going and fines etc it looks bad, I dread going the airport.

I doubt they will be confused and I think it will serve your best interests to tell them exactly what you were told the last time you reeneterd and did not receive a stamp in your passport. The migraciones officials at the airport probably know what's going on at other ports of entry.

I hope you can relax and not worry too much about what will happen when you leave. The worst thing (hopefully) is that you will have to pay the $300 pesos....based on you last entry stamp.

It's coming back into Argentina in the future as a tourist that could be problematic...unless they stamp your passport with a ban on reentry when you leave. I haven't head of them doing that, but I'd never heard of them not stamping a passport upon reentry...until now.

If you don't get regularized before your next departue you will be at the mercy or perhaps the whim of the migraciones (not customs as some have posted) agent. You certainly will be if and when you try to reenter.

Just remember that Dr. Rubilar indicated that you have rights in Argentina as an inhabitant...and your stamps show that you have been living in Argentina. Citizenship is an option unless your home country prohibits dual citizenship.

Just be sure to have his (or another lawyer who specializes in Agentine citizenship) phone number with you if and when you do return and make sure the lawyer you will call in case of a problem knows exactly when you are returning.

If you start the tramite for citizenship prior to you next departure, perhaps you can leave and reenter without any touble and with much greater peace of mind. I suggest you consult an attorney who specializes in citizenship for those who do not have residency before you leave the country.

 

[simonmicheal]

Thanks Steve, all your advice is very much appreciated.

 

[Bajo_cero2]

Seems that he/she is bribing them but he/she didn' realiza it...

 

[EricLovesBA]

Did you double check carefully that they didn't stamp it somewhere when you weren't looking? The stamps are not always in order, and if it's already full of stamps they'll just start looking for the biggest clean spot they can find.

 

[Bajo_cero2]

I have 2 friends from tango who got the same warning this week.