Overstaying 90-day limit

[Orionch]

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?

Yes I sent in the form with the impressions of my fingerprints and left the address of the place I'm living here in BsAs, but never heard anything back.

 

[steveinbsas]

Yes I sent in the form with the impressions of my fingerprints and left the address of the place I'm living here in BsAs, but never heard anything back.

I don't think you'll ever hear from them if you didn't provide a US address.

When I was applying for temporary residency I was told the FBI does not send reports outside the US. I had all of my documents (including my criminal background check) sent to a friend in Chicago who got the Apostille for them. Then she sent them to me in Argentina via FedEx.

If and when you order a new report, remember to request the certification by the State Department and provide a US address for the form to be sent to . Also keep in mind that migraciones only accepts the reports that are certified and less than 90 days old (from the date of issue).

If you're going to apply for temporary residency based on a work contract, the FBI report should be the only document you'll need from the US. When I applied for the visa rentista, migraciones still required the birth certificate and I had to document my income. Those docs needed the Apostille.

You'll only need the FBI report that is certified by the State Dept. and you'll have to have it translated and the translation legalized in Argentina. In addition to the FBI report of course you'll need your passport (from the USA) but it won't need to be translated or have the Apostille.

It's not going to be easy to find a business that will offer you a work contract if you don't have a DNI. I am surprised that Wall Street English actually let you start without one. Dr. Rubilar says you have a good caase against them and the face a fine of $450,000 pesos, but in another post he mentioned a fine of $300,000 pesos for "working" without a DNI.

According to my English, the word "working" in that sentence would apply to the worker , not the employer, so I'd want to know for certain if the $300,000 pesos fine appliers to the worker in Argentina before I ran crying to AFIP (or ANSES as the case may be) to get a few months salary in "damages" for unlawful termination.

 

[Pensador]

There is a law firm in BA that can do the FBI check in an expedited fashion. http://www.celano.com.ar/

 

[Bajo_cero2]

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?

Yes.

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.

Yes.

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.

Not any more.

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?

Yes. Yes. (DNU 70/2017: arrest without an order).

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?

Yes.

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

Deportation.

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?

All. The first 8 hours are there, otherwise they send you to a jail where there are only honest immigrants.

 

[Bajo_cero2]

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...

No issues about how low you overstayed.
Yes.

 

[Bajo_cero2]

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

Now is too risky.

 

[Bajo_cero2]

According to my English, the word "working" in that sentence would apply to the worker , not the employer, so I'd want to know for certain if the $300,000 pesos fine appliers to the worker in Argentina before I ran crying to AFIP (or ANSES as the case may be) to get a few months salary in "damages" for unlawful termination.

Employer.

 

[Orionch]

I don't think you'll ever hear from them if you didn't provide a US address.

When I was applying for temporary residency I was told the FBI does not send reports outside the US. I had all of my documents (including my criminal background check) sent to a friend in Chicago who got the Apostille for them. Then she sent them to me in Argentina via FedEx.

If and when you order a new report, remember to request the certification by the State Department and provide a US address for the form to be sent to . Also keep in mind that migraciones only accepts the reports that are certified and less than 90 days old (from the date of issue).

If you're going to apply for temporary residency based on a work contract, the FBI report should be the only document you'll need from the US. When I applied for the visa rentista, migraciones still required the birth certificate and I had to document my income. Those docs needed the Apostille.

You'll only need the FBI report that is certified by the State Dept. and you'll have to have it translated and the translation legalized in Argentina. In addition to the FBI report of course you'll need your passport (from the USA) but it won't need to be translated or have the Apostille.

It's not going to be easy to find a business that will offer you a work contract if you don't have a DNI. I am surprised that Wall Street English actually let you start without one. Dr. Rubilar says you have a good caase against them and the face a fine of $450,000 pesos, but in another post he mentioned a fine of $300,000 pesos for "working" without a DNI.

According to my English, the word "working" in that sentence would apply to the worker , not the employer, so I'd want to know for certain if the $300,000 pesos fine appliers to the worker in Argentina before I ran crying to AFIP (or ANSES as the case may be) to get a few months salary in "damages" for unlawful termination.

Okay I see where I went wrong then... thanks for the info!

 

[Brandon85]

Hi guys,

This is my first post on here so I hope I'm doing this right-hoping to just piggy-back off of this thread and get some feedback on my situation from Steve and Bajo Cero...and I apologize if this was already covered but I would just feel more comfortable if someone could help me with my exact situation..so here goes:

I've already overstayed my 90 day period as well as the grace period so I'm officially illegal. Unwise, I know, but here we are. I'm working full-time but the company is based in Canada (I.e they don't provide anything in terms of visa sponsorship/help here in Arg) and renting an apartment for myself, obviously paying in cash. So I suppose here is the main question:

What steps should I take and in what order? What should I do first, second, etc in order to start the process of obtaining some type of legal residency while giving myself the least chance of being deported/detained on the spot wherever I go. If someone could walk me through the possibilities, I'd be so grateful.

Thanks in advance.

 

[Bajo_cero2]

You must qualify for a visa (look at the articles section about immigration for dummies) or citizenship. Citizenship now is more difficult but possible, but only with a lawyer now.