Got deported

[lunar]

You could have called a lawyer and had them get an Amparo from a judge to let you in,

If your entry is denied at the airport, you're usually put on the same plane and sent back within a few hours. I doubt that would change unless your lawyer personally shows up at the airport with a judge’s order before the plane departs.

 

[Quilombo]

So, I'm sorry this happened, and it's one of the reasons I naturalized - as much as things are bad now, I have my life here, and, if I ever lived abroad again (like we're looking at now) I didn't want to be in a quagmire should migratory laws change and I needed to return.

I gotta ask OP, why didn't you just get a DNI? You don't even have to be married, being partners is sufficient. Now it's going to be a PIA to do all the legal stuff to get back here (plus expensive) while putting your guys' lives on hold.

Caveat emptor to all the folks who still think it's kosher to live in gris here, either come as a tourist or get residency, there's no 3rd option.

 

[steveinbsas]

If your entry is denied at the airport, you're usually put on the same plane and sent back within a few hours. I doubt that would change unless your lawyer personally shows up at the airport with a judge’s order before the plane departs.

I completely agree. As I posted on November 8, 2022 regarding returning after repeated overstays:

"As I previously indicated, it only takes one official at a point of entry to call you out on it and put a stop to it. The only recourse you would have in that case (to prveent your immediate deportation) is if you have already applied for citizenship and your lawyer (while you are being detained at the airport) can get an order from a judge to let you in."

Post in thread 'Family on a tourist visa (planning to stay a couple of years)' https://baexpats.org/threads/family...g-to-stay-a-couple-of-years.45199/post-425332

PS:I am not sure if not having already applied for citizenship would make a difference.

 

[MarshallE]

If your entry is denied at the airport, you're usually put on the same plane and sent back within a few hours. I doubt that would change unless your lawyer personally shows up at the airport with a judge’s order before the plane departs.

That's right, as steveinbsas mentioned a lawyer can have a stay issued immediately while you're still at the airport. Having applied for citizenship beforehand is not necessary

 

[lunar]

... a lawyer can have a stay issued immediately while you're still at the airport ...

I know you believe lawyers can do anything, but I’m pretty sure a judge has to be involved for something like that. And in Argentine terms, 'immediately' doesn’t necessarily mean within a few hours.

 

[steveinbsas]

That's right, as steveinbsas mentioned a lawyer can have a stay issued immediately while you're still at the airport.

If I understand correctly, the stay would have to be issued by a judge...and the lawyer would have to know well in advance of the foreigner's scheduled eta in Argentina as well as have the ability to get the judge's order before the departure of the deported (something, in case of an "emergency " like this, an experienced "immigration" lawyer should be able to accomplish and likely has previously done so.


QUOTE="MarshallE, post: 461066, member: 74878"]Having applied for citizenship beforehand is not necessary.
[/QUOTE]

Good to know.

 

[MarshallE]

I know you believe lawyers can do anything, but I’m pretty sure a judge has to be involved for something like that. And in Argentine terms, 'immediately' doesn’t necessarily mean within a few hours.

Yes as I mentioned in my first post the lawyer obviously doesn't issue an order from his own accord, but makes an emergency petition to a judge to have a stay issued and that you're allowed into the country. It was all over the news media a while back that Russians were getting denied at Ezeiza for showing up as "tourists" but actually having an intention to live here, it ended up all shaking out in the Russians favor and they are no longer stopped at the airports.

Retuvieron a otras tres mujeres embarazadas rusas en Ezeiza y ya son seis las “falsas turistas” que no pueden ingresar al país

Así lo confirmó hoy Florencia Carignano, directora nacional de Migraciones. Al notar que no tenían pasaje de regreso, fueron sometidas a interrogatorios de rigor y todas reconocieron que llegaron a la Argentina para “tener un hijo” y escapar del régimen de Putin

www.infobae.com

 

[devilclam]

Out of curiosity, has anyone heard of being denied entry for someone that didn't overstay?

I usually leave every three months or less and have been doing that for 2.5 years. I haven't had any issues so far. I've only done a Colonia run once, otherwise I fly somewhere for a few days and make a vacation out of it. I'm going back to the states in May for 3 weeks (before the 90 day mark) so I don't expect anything to happen when I return.

That said, if I wanted to go the temporary resident route, what would be a good way to approach that? I'm single so I can't go the partner approach (as was previously suggested in this thread) and I don't have an investment property in the states to qualify for rentista. Are there other options that I'm not aware of?

I could apply for the digital nomad visa but that's only good for a year....

 

[steveinbsas]

Yes as I mentioned in my first post the lawyer obviously doesn't issue an order from his own accord, but makes an emergency petition to a judge to have a stay issued and that you're allowed into the country. It was all over the news media a while back that Russians were getting denied at Ezeiza for showing up as "tourists" but actually having an intention to live here, it ended up all shaking out in the Russians favor and they are no longer stopped at the airports.

Hopefully, the OP can start making plans to return to Argentina soon; knowing a lawyer will be at the airport with a judge's order in hand, with any obstructions to boarding the flight already removed.

 

[lunar]

It was all over the news media a while back that Russians were getting denied at Ezeiza for showing up as "tourists" but actually having an intention to live here,

“Son seis las ciudadanas rusas que están inadmitidas. Son tres que entraron antes de ayer y en el vuelo de anoche se quedaron tres más.

For some reason, they were held at the airport for days, not just hours. That gave the lawyer enough time to take action - if I remember correctly, basically on humanitarian grounds. In any case, as illustrative as the pregnant women's situation was, it's probably unreasonable to expect to be treated the same way.