Expat being deported due to visa problem

[sergio]

I know of a US citizen who paid a lawyer and applied for a work visa. They gave him a temporary one, then when that expired in 2 months, they rejected it, changed his status to "irregular" and ordered his deportation and banned him from reentering argentina for FIVE years. The lawyer filed an appeal and the expat is waiting to learn his fate. Prior to applying for the work visa and obtaining a sponsor, he was content for years living on a tourist visa and leaving the country every 90 days. He wanted, however, to improve his job prospects and regularize his immigration status.

Does anyone think that this person can fight the deportation? Does anyone know a good source of information about how to fight this? Should he go to the US embassy? Are there any free legal services for immigrants facing deportation? Can any knowledgeable member offer to speak with him about this?

 

[Attorney in BA]

Segio, give us more information about the reasons for the rejection.

 

[RWS]

. . . . Are there any free legal services for immigrants facing deportation? . . . .

I'd guess that only English-speaking lands are crazy enough to offer these!

 

[steveinbsas]

Did migraciones give a specific reason for their decision? Did they assume that this person was working illegally in Argentina for the years he was residing here with only tourist visa or did he (slip) and admit it? I think that alone would constitute grounds for expulsion. Living here "for years" on a tourist visa is not legal, even though it has been tolerated for some time. Perhaps working here without a work visa is not going to be tolerated at all...unless there is something even more sinister going on here.

 

[sergio]

Yes, immigration ASSUMED he was illegal. They never even spoke to the boss, just showed up at his workplace when he was not scheduled to work. Expulsion and five years prohibition from entering the country. Seems a severe sentence. WHAT can he do?

 

[2GuysInPM]

Not saying this may be his case, but inmigration law 25.871 stipulates banning entry for a period of 5 years in cases where the foreigner is FOUND to have false (national or international) documents (i.e., false argentine residency visa or country-of-origin passport). All other references for "5 year" bans also seem to have to do with entry or stay in the country with false/illegal/fraudulent documents.

I guess he should contact the US embassy and get advise. If in fact this issue has to do with the question of the validity of his temp / work visa (obtained here through a local attorney), perhaps he can make a case he was a victim of fraud and fight it that way.

In any case, I wish him the best and good luck!

 

[sergio]

This is definitely not a case of false documents. From what I understand, immigration does not accept the validity of the work. Appeals are allowed, so the case is not over. It will be interesting to see if this is an isolated case or if there is a general crackdown on expats working here.

 

[jp]

Yes, immigration ASSUMED he was illegal. They never even spoke to the boss, just showed up at his workplace when he was not scheduled to work. Expulsion and five years prohibition from entering the country. Seems a severe sentence. WHAT can he do?

This sounds remarkably like what happened to my friend. He tried to get himself legitimate and found himself threatened with deportation by fairly dodgy people. He hadn't even talked about working, and they jumped straight to the deportation option. It got settled in the end by him pulling in favours who pulled strings.

His lawyer should be able to check the legality of what they are proposing. Or maybe ask another unrelated lawyer, make sure that information isn't slipping between offices. Could well be that there's a "fine" looming to make the situation go away.

 

[sergio]

Interesting, jp. So this situation is not a first.

 

[nikad]

Wow, I have never heard of such a thing. I would contact INADI ( Institute against discrimination ) They might be able to help. There are millions of illegal immigrants here and I have never heard of deportations, in fact it is against the Constitution. He can say to INADI and the US embassy he is being discriminated for being American I think that will work. And yes, I am very suspicious about the actual aim of all this...