Immigration changes: Health, Education, Deportation

[mageesa]

Is that really still the case, though? According to Jaime (admittedly using examples he read about in a comic strip called The New York Times), border officials are denying re-entry to the US even to permanent residents (and canceling their permanent residence) if those permanent residents set foot outside the US without having remained inside its border for two straight years after the granting of permanent residence.

Chapter 3 - Continuous Residence

A. Continuous Residence RequirementAn applicant for naturalization under the general provision

www.uscis.gov

I dunno... who to believe, published federal policy or a YouTuber?

 

[Alby]

Or the comic strip? (I personally find the comic strip very lacking in credibility, but Bayly is pretty reliable. He's much more than just a Youtuber, and the only impartial and serious source of news about US polítics that I've been able to find.)

Also interesting are the comments at the foot of this article: https://www.pagina12.com.ar/825581-adorni-suma-a-su-campana-el-odio-antimigrante.

A surprising number of traditional avid readers of this comic strip seem to support the policy. Maybe it wouldn't be hard to gain opposition votes in parliament.

 

[Che1990]

I hate this government even more by the day. Luckily, I have always had legal residency and 5 years of permanent residency, granted in November 2020. I didn’t then leave Argentina until May 2023 when I went to Foz do Iguacu for a day and then for 3 months when I went to Colombia in 2024 a trip I will do again this year.

 

[darksider415]

I'm just a bit ticked... I'll have two years of PR in November, but as proposed, I still wouldn't be eligible because I've been out of the country for about six weeks during that period.

 

[Alby]

More detail emerges here: https://www.infobae.com/politica/20...etra-chica-de-la-reforma-migratoria-de-milei/

The article mentions a number of items. The most significant one I can see for permanent residency is that, henceforth, you will lose it after being outside the country for 12 months. Currently, you can be away for two years before it lapses (although that limit has not always been too strictly enforced).

(It also says temporary residency will now be lost after six months of absence. I guess what it means is if you have 12-month temporary residency and leave the country during the first six months (say during month 3) and try to come back at month 10, you won't get to serve out the final two months of the 12, but will instead forfeit them and have to enter as a tourist.)

Somewhat ominously for overstayers, it says Migraciones will have new tools for checking immigration status.

 

[steveinbsas]

Deleted

 

[whattodo]

As someone who is currently overstaying, but already in the process of applying for the Unión Civil Convivencial with my partner, and subsequently permanent residency, it’s definitely a bit disconcerting. And of course it has come at the worst possible time!

I’m not sure if this now is, or will, be a possibility after reading the following:

“Los requisitos para acceder a la residencia permanente se reforzarán aún más. Esta se dará automáticamente solo hijos de argentinos. Los padres pasarán a encuadrarse en el régimen de residencia temporaria. Si luego acreditan arraigo, medios económicos suficientes (eso se determinará con exactitud en la reglamentación) y antecedentes penales limpios, están admitidos a ser residentes permanentes.”

I will certainly try nonetheless, and hope that (at the very least) I’m granted temporary residence and can satisfy any future requirements for permanent residence.

Hopefully things become clearer, and aren’t as bad as I fear.

 

[Quilombo]

Do you know If I enter on a tourist visa and stay here for 2 years can I apply for some kind of legal permanent residency ?

A lawyer can start the naturalization process, this is what BajoCero specializes in. You can also change your immigration status once inside Argentina assuming you're from a visa free country if you end up studying, marrying someone, etc.

What legal force does a 'decree' like this have? I read in one forum that these changes would need Congressional approval, which is unlikely with the LLA numbers in Congress (and even if they did well in midterms, there aren't enough open seats in the Senate to give a majority).

Two years without setting foot outside the country is a big ask. Even in the USA, when a legal resident is seeking citizenship, "An applicant who has not been absent from the United States for any single period of greater than 6 months during the statutory period is neither considered nor presumed to have broken the continuity of his or her residence. However, there are circumstances in which an applicant who has multiple absences of less than 6 months each during the statutory period may nevertheless have broken the continuity of his or her residence even though the presumption does not apply."

(before people pile on saying it's only fair for Argentina to impose strict standards, because other countries do)

The way they've been using DNUs is that they make a DNU ---> Congress has 10 or 30 days to overturn it (can't remember which) ---> No overturn, it's assumed to be legal BUT it can still be challenged in court, which this would be since there's already case law and rulings on this, it just creates a shitshow for normal people while changing nothing for criminals while the courts fight it out and people make Amparo claims, especially for the spouses of Argentine citizens

I hate this government even more by the day. Luckily, I have always had legal residency and 5 years of permanent residency, granted in November 2020. I didn’t then leave Argentina until May 2023 when I went to Foz do Iguacu for a day and then for 3 months when I went to Colombia in 2024 a trip I will do again this year.

It's all circus, nothing being done to address the fundamental problems the country has. This is why I applied for my citizenship as soon as I could, because it was only a matter of time before some clown like Milei or Bullrich did this as a way to distract from us being the most expensive country in LatAm. We'll have these rules and Argentina will still have lots of crime, lots of villas, lots of wife beaters, lots of inflation, etc. because this is just meant to please the far right base who think all of our problems are due to bricklayers from Paraguay. I bet if you even asked these people "You know this applies to Europeans and Americans too" they'd get all upset - they want immigrants, just the "right kind".

 

[steveinbsas]

“Los requisitos para acceder a la residencia permanente se reforzarán[/B] aún más. Esta se dará automáticamente solo hijos de argentinos. Los padres pasarán a encuadrarse en el régimen de residencia temporaria. Si luego acreditan arraigo, medios económicos suficientes (eso se determinará con exactitud en la reglamentación) y antecedentes penales limpios, están admitidos a ser residentes permanentes.”

Here is the Google translation:

'The requirements for permanent residency will be further strengthened. This will be granted automatically only to children of Argentine parents. Parents will be placed under the temporary residency regime. If they later prove roots, sufficient financial means (this will be precisely determined in the regulations), and a clean criminal record, they are eligible to become permanent resident."

 

[whattodo]

Here is the Google translation:

'The requirements for permanent residency will be further strengthened. This will be granted automatically only to children of Argentine parents. Parents will be placed under the temporary residency regime. If they later prove roots, sufficient financial means (this will be precisely determined in the regulations), and a clean criminal record, they are eligible to become permanent resident."

Thanks Steve.

My concern is what that means for partners/spouses, which isn’t mentioned here. But I imagine that it would fall under the same category.

Also, what exactly will the temporary residency entail in such circumstances, and how quickly could it be made permanent after the additional checks?

I guess it’s all up in the air at the moment. Hopefully it takes a while to, or indeed doesn’t, pass and so it doesn’t become an issue.