Overstaying 90-day limit

[Orionch]

Hi everyone,

I had a couple questions about the penalties for overstaying the 90-day limit and requirements for becoming a legal resident in Argentina. First of all, I was wondering if it varies from country. I'm from the US, and back in 2015 when I had overstayed by several months it wasn't a huge deal and all I needed to do was pay a small fine before I left the country. However, I understand that things have changed quite a bit with respect to immigration law here. Currently, would overstaying the 90-day limit make me subject to deportation, or would I be able to pay a fine and remain in the country? Would overstaying make it impossible to apply for some type of residency or work visa? Any info people could provide would be much appreciated.

Thanks,
Orion

 

[Rich One]

Orion

Our foremost expert in Immigration matters Dr. Bajo_Cero Rubilar should have an answer. We are privileged to have his counseling for Free...

In spite of the fact that some didn't agree with his political views...

 

[steveinbsas]

You can extend your 90 day visa once at the office of migraciones. in Retiro.

You must ask for the prorroga de permencia (extension of stay).

An advance turno may now be require. I believe the cost is $600 pesos. The last amount I saw for the overstay fine was also $600 pesos.

I believe it would be very wise to get an extension of your tourist visa and equally unwise to overstay it.

Migraciones might not hunt you down (at least not immediately) if you overstay but your life could become extremely unpleasant if, for any reason, you were asked to show your passport with a valid tourist stamp and yours had expired.

Being in an accident or the victim of a robbery are just the first two scenarios that come to mind.

PS: if you do overstay the 90 day visa you will still have a 30 day grace period to extend it by 90 days, but (last I heard) the cost will increase by 50%. If you go after the grace period expires you could be arrested on the spot and detained until you are deported and that could take anywhere from a couple weeks to a couple months.

 

[steveinbsas]

I just remembered. thanks to the ability to "find content" any member has posted with one mouse click, that youare the individual who got fired from Wall Street English because you didn't have a DNI and they made no attempt to help you get one.

https://baexpats.org/threads/indemnizacion.39448/#post-352133

It's easy to conclude obvious that you are in Argentina at the present time and do not have a valid visa. In 2015 your status with migraciones would have been "irregular" but now you can be considered an "illegal alien".

My advise to you here is the same as it was in the other thread:

"Draw as little attention to yourself as possible." while (I assume) you are looking for someone else to hire you.

This time be sure that they are registered with migraciones to employ foreigners and will provide you with a work contract that you can present to migraciones when you apply for temporary residency based on work.

If you go to migraciones with everything you need to get the "work" visa you will have to pay the overstay fine as well as the fee for temporary residency. You will probably need a new FBI report as I believe they're only "good" for 90 days, even if you haven't returned to the USA since your previous report was generated..

On the other hand, if you go to migraciones to apply for temporary residency and don't have everything you need, you will have to hope they will allow you some time to provide anything that's missing...and not arrest you on the spot.

Suerte.

 

[Bajo_cero2]

If you overstay and you go to immigration after the 90 days are over they might arrest you to “check your address”. So, someone has to be at your apartment to tell police you live there. Meanwhile the arrest is very civilized and you are not going to be in jail.
So, if you overstay just do it and pay the fine avoiding the DNM.
They need an arrest order confirmed by a judge to arrest you for deportation unless you show up at the immigration building, they don’t need the order there.

 

[steveinbsas]

If you overstay and you go to immigration after the 90 days are over they might arrest you to “check your address”. So, soneone has to be at your appartment to tell police you live there. Meanwhile the arrest is very civilized and you are not going to be in jail.
So, if you overstay just do it abd pay the fine avoiding the DNM.
They need an arrest order confirmed by a judge to arrest you for deportation unless you show up at the immigration building, they don’t need the order there.

I remember that Pensador's permanent residency had expired and, as part of the process of renewing it, the police came to his door to verify his address after he had gone to migraciones with all of the papers required to renew his residency.

When you wrote "So, if you overstay just do it and pay the fine avoiding the DNM." were you referring to paying the overstay fine at the airport when leaving the country?

It's obvious that you are telling Orion not to go to migraciones after his 90 day visa has expired. From the dates of his posts it looks like his visa expired over four months ago.

In the past there have been posts from individuals who went to migracioens with an expired 90 day visa (and beyond the 30 day grace period) that (if I remember correctly) had to pay the overstay fee and were given ten days to leave the country.

Has this changed recently? Even if the arrest was "polite" and there was someone at his apartment to verify that he lived there, would he be detained until that happened?

If he goes to migraciones to apply for temporary residency, has all of the required documents, including a work contract and is granted a precaria is there a possibility he would be detained until his address is verified by the police?

If he applies for temporary residency and does not get a precaria, what will happen?

When you wrote "The arrest is very civilized and you are not going to be in jail." were you referring to individuals of all races or only white people?

 

[Orionch]

Thank you for your replies everyone. So just to clarify (in addition to the questions posed by steveinbsas), in order to apply for residency I will need an official address and a work contract? Does it matter how long I've overstayed the 90-day limit, or do I simply need to pay the fine? I wasn't sure if overstaying by too much would make me ineligible to apply for residency... I actually started going through the process of applying for a work visa by submitting a request for criminal background check to the FBI but as was mentioned I was recently fired from that job and I haven't heard anything back from the FBI. So I'm assuming that I will need a new job before applying for any type of temporary residency or a work visa...

 

[steveinbsas]

So,...in order to apply for residency I will need an official address and a work contract?

Yes, you will need a work contract from a company who has permission from migraciones to hire foreigners as well as a certificado de domicilio (issued by the police) which provides evidence of your address.

Does it matter how long I've overstayed the 90-day limit, or do I simply need to pay the fine?.

The fine is the same of you overstay by one day or one hundred.

I actually started going through the process of applying for a work visa by submitting a request for criminal background check to the FBI but...I haven't heard anything back from the FBI.

If you "haven't heard anything back from the FBI you must have done something incorrectly or it got lost in the mail.

Did you send impressions of your fingerprints along with a completed form?

Did you ask that the report be certified by the State Department?

Did you provide a US address for the report to be sent to?

I'm assuming that I will need a new job before applying for any type of temporary residency or a work visa...

That is correct. You can't get a "work visa" and then go job hunting.

 

[steveinbsas]

In the past there have been posts from individuals who went to migracioens with an expired 90 day visa (and beyond the 30 day grace period) that (if I remember correctly) had to pay the overstay fee and were given ten days to leave the country.

And I believe that some of them were also told by migraciones to go to Uruguay and return to Argentina to get a new 90 day visa, a procedure Dr. Rubilar says is now "dead."

But unless I missed something, I don't think anyone (at least in this forum) has tried to make a "visa run" to Uruguay and then reported that they were denied reentry to Argentina

 

[Pensador]

I do not think I would be doing visa runs anymore the police at my door was like wait noone even told me about this. But I would go to URU for like 6 months and then come back. That would be a maybe of course LOL! After a little over 4 months here I really miss URU. But like the song says you can't always have what you want. North coast of the country is just off the charts. Untouched pristine nature and great weather. Nothing like watching
the dolphins pass by in the morning.