It Happened To Me. Visa Entry Problem.

[Bajo_cero2]

Not asking for a prediction - I just want to know the facts of the case so everyone can understand what happened and not just "Person got denied but then came in".

We already know what is going on. 1) it is illegal what you call perma-tourist and 2) There is ONE guy there who is [enforcing the law] deporting everybody, i have pisted another 2 cases: one American, one Canadian. They failed on the work interrogation. Nothing new. That is why I advice to fly to Uruguay and to come back by bus.
If this person acepted a bride, then we have 2 agents rejecting illegal immigrants [expats] at Ezeiza.

 

[Somewhereinba]

We already know what is going on. 1) it is illegal what you call perma-tourist and 2) There is ONE guy there who is [enforcing the law] deporting everybody, i have pisted another 2 cases: one American, one Canadian. They failed on the work interrogation. Nothing new. That is why I advice to fly to Uruguay and to come back by bus.
If this person acepted a bride, then we have 2 agents rejecting illegal immigrants [expats] at Ezeiza.

No we don't know what is going on - for a lawyer you should know better. Of course no more details will be posted like always - someone comes in says their friend XYZ got deported and then you never hear from them again when you ask for details of the situation. I understand you use this forum to generate an income - instead of talking like a knob you should explain things more like what this so called work interrogation is all about? It would help others who are not sure where they stand since the law is not clear in a lot of ways and everyones situation is different.

 

[Bajo_cero2]

No we don't know what is going on - for a lawyer you should know better. Of course no more details will be posted like always - someone comes in says their friend XYZ got deported and then you never hear from them again when you ask for details of the situation. I understand you use this forum to generate an income - instead of talking like a knob you should explain things more like what this so called work interrogation is all about? It would help others who are not sure where they stand since the law is not clear in a lot of ways and everyones situation is different.

Well, there are 2 issues about this topic, perhaps 3. The first is that I m under professional secret, so, I cannot just share the facts of the consultations made by people who call me when they are were going to be deported, unless, they allow me to.
The second is that irregular immigration and deportation are crimes in many countries, the US specially, so, I guess that is why people who had this bad experience is no so interested to share it.
The third is a cultural mistake because people usually behaves like here the laws of his country applies abn they do not.

So, even this was explained many time during the las 5/6 years, here I go:
1) the decree 616/2010 changed the rules. Since then, the abuse of the entry stamp (I-94) (what is normally called visa) is illegal and the decree properly calls you fake tourist.
2) the immigration agent has wide freedom to enforce or not the law. There is one agent at Ezeiza that really enforces it and he/she has deported many expats.
3) at the interrogation you should not behave like he is an idiot: i do not live here.
4) neves confess you work here.
5) there is not a standard interrogation, he/she asks whatever he/she wants.

The solution is to apply for a residency or citizenship.

When you apply for citizenship, you are a citizen since you sign the form before the Court, so, Immigration declares itself without power (jurisdiction) on you [because you are argentine unless the judge rejects the case later).


The Colonia run death sentence was signed with decree 616/2010.

If you do not want/can do that, just overstay.

Do not use Ezeiza.

Fly from to Uruguay and return by bus. Worst escenario: they deort you to Uruguay.

Is it clear enough? (I m not being acid).

If not, I suggest you pay a consultation/hire a lawyer you trust.
Regards

 

[Somewhereinba]

Well, there are 2 issues about this topic, perhaps 3. The first is that I m under professional secret, so, I cannot just share the facts of the consultations made by people who call me when they are were going to be deported, unless, they allow me to.
The second is that irregular immigration and deportation are crimes in many countries, the US specially, so, I guess that is why people who had this bad experience is no so interested to share it.
The third is a cultural mistake because people usually behaves like here the laws of his country applies abn they do not.

So, even this was explained many time during the las 5/6 years, here I go:
1) the decree 616/2010 changed the rules. Since then, the abuse of the entry stamp (I-94) (what is normally called visa) is illegal and the decree properly calls you fake tourist.
2) the immigration agent has wide freedom to enforce or not the law. There is one agent at Ezeiza that really enforces it and he/she has deported many expats.
3) at the interrogation you should not behave like he is an idiot: i do not live here.
4) neves confess you work here.
5) there is not a standard interrogation, he/she asks whatever he/she wants.

The solution is to apply for a residency or citizenship.

When you apply for citizenship, you are a citizen since you sign the form before the Court, so, Immigration declares itself without power (jurisdiction) on you [because you are argentine unless the judge rejects the case later).


The Colonia run death sentence was signed with decree 616/2010.

If you do not want/can do that, just overstay.

Do not use Ezeiza.

Fly from to Uruguay and return by bus. Worst escenario: they deort you to Uruguay.

Is it clear enough? (I m not being acid).

If not, I suggest you pay a consultation/hire a lawyer you trust.
Regards

More like it Bajo - you will catch more bees with honey. I understand you cannot share too many details but if names are not mentioned there should be more freedom to share details like how many overstays the person had etc. The problem with citizenship route is a lot of people do not qualify because they are not in the country long enough, they also don't qualify for residency for the same reasons, they also don't work here. That is what makes the situation more complex - not everyones situation is the same. I agree 100% that for a lot of permatourists they should seek permanent residency but that is not available to a lot of other people.

 

[Bajo_cero2]

More like it Bajo - you will catch more bees with honey. I understand you cannot share too many details but if names are not mentioned there should be more freedom to share details like how many overstays the person had etc. The problem with citizenship route is a lot of people do not qualify because they are not in the country long enough, they also don't qualify for residency for the same reasons, they also don't work here. That is what makes the situation more complex - not everyones situation is the same. I agree 100% that for a lot of permatourists they should seek permanent residency but that is not available to a lot of other people.

That is my point, forget about how many overstays. You cannot predict it. There are no rules.

Regarding citizenship, a consultation is better that to imagining that you do not qualify for it.

 

[steveinbsas]

More like it Bajo - you will catch more bees with honey. I understand you cannot share too many details but if names are not mentioned there should be more freedom to share details like how many overstays the person had etc. The problem with citizenship route is a lot of people do not qualify because they are not in the country long enough, they also don't qualify for residency for the same reasons, they also don't work here. That is what makes the situation more complex - not everyones situation is the same. I agree 100% that for a lot of permatourists they should seek permanent residency but that is not available to a lot of other people.

Anyone who has been in Argentina long enough to have more than one overstay has probably been "in the country long enough" to apply for citizenship. The two year "residency" requirement begins the first day one sets foot on Argentine soil. Dr. Rubilar has previously posted that he has initiated citizenship cases at the one year mark and that a "continuous presence" in Argentina before beginning the process is not required.

While it is necessary to demonstrate an "honest means of living" it is not necessary to work in Argentina for either citizenship or residency (temporary or permanent) to be granted. That's what the visa rentista and pensionado are all about and the "foreign income" requirement is still only $800 pesos per month!

The amount of time anyone has been in Argentina is irrelevant when applying for temporary residency for the first time. Renewing temporary residency requires that the foreigner spend at least six months of the year in Argentina. Anyone spending less than six months a year in Argentina should never get an overstay as the 90 day tourist visa can be extended once at the office of migraciones. This means they would never be considered a permatourist.

As far as I know, the only way a permatourist can become a permanent resident without first becoming a temporary resident is to marry someone else who is also a permanent resident. If they marry an Argentine citizen they can become permanent residents (almost immediately in most cases) and/or apply for citizenship if they wish. They would still have to meet all of the requirements for citizenship as just getting married to a citizen does not provide a shortcut to the process.

Anyone with additional information is welcome to add to or correct anything I have posted.

PS: I'm still surprised that the income requirement for the visa rentista has not been raised since the exchange rate increased from three to one to four to one in 2010. At fourteen or fifteen to one it wouldn't surprise me in the least if it suddenly jumps from $8000 pesos per month to at least double that amount.

 

[Somewhereinba]

Anyone spending less than six months a year in Argentina should never get an overstay as the 90 day tourist visa can be extended once at the office of migraciones. This means they would never be considered a permatourist.

Good to know - that is why I asked about overstays. It seems those getting rejected have overstays and are spending more than half the year in Argentina and also working here. Everyones situation is unique that is why it is not right to blanket everyone with a permatourist tag because they have X amount of stamps. I agree 100% that those who are here more than half the year should go residency route but makes it hard to qualify if you are not here that much time and work overseas.

 

[Girino]

As far as I know, the only way a permatourist can become a permanent resident without first becoming a temporary resident is to marry someone else who is also a permanent resident. If they marry an Argentine citizen they can become permanent residents (almost immediately in most cases) and/or apply for citizenship if they wish. They would still have to meet all of the requirements for citizenship as just getting married to a citizen does not provide a shortcut to the process.

I think there is one small difference, which is that if you are married to a citizen there is no two year requirement. In fact, you can apply for citizenship straight away after marriage. [LEY DE CIUDADANIA. LEY 346 Art. 2 punto 7].

Illegal immigrants in Argentina are only the ones willing to remain as such.

 

[Somewhereinba]

There was a thread about residency not via marriage but via partnership (eg. living together). No one ended up saying if it could be done now or not - any updates?

 

[steveinbsas]

Good to know - that is why I asked about overstays. It seems those getting rejected have overstays and are spending more than half the year in Argentina and also working here. Everyones situation is unique that is why it is not right to blanket everyone with a permatourist tag because they have X amount of stamps. I agree 100% that those who are here more than half the year should go residency route but makes it hard to qualify if you are not here that much time and work overseas.

An individual who have never overstayed their visa can acquire quite a few stamps over a period of years. They are not referred to as permatourists. The number of "stamps" is not an issue. The number of overstays is the issue.

Anyone who has multiple overstays qualifies to be "blanketed" with the permatourist tag as they are (in official terms) pseudo tourists. I believe the term "permatourist" first appeared in this fourm.

If you are "not here that much time" or "more than half the year" is simply is not possible to get temporary residency in Argentina, and, if you are also working overseas, what would be the point in doing so?