Overstaying 90-day limit

[Weyland]

Hello. I've read the entire thread And I'm not sure if my situation applies but I really need someone thay knows about this to advice please... I've been visa running for the past year and a bit, occassional chile plane flight or buquebus colonia trip to renew 90 day. So far it was fine until last time an immigration officer scolded me about irregularities doing this and was told to "fix my situation if I want to stay in Arg". However I was let in fine. I've done a big trip to Europe now so i'mnot sure how that will play when I return. I'm afraid of being denied entry. (I am staying there out of love for my partner and we hope yo sort things through soon, but life has been bumpy and lead to this..)
Please help! Are visa runs comoletely illegal or are they irregular, and would entry be denied for being permatourist at discresion of any particular officer? Is that down to luck or could I be arrested?
thank you

If you've only been doing that for under 2 years, most likely, you'll be fine. I did visa runs for 5 years before getting a DNI. Others for even more time. As stated above it depends a lot on the officer. If you really want to play it safe then yes it's better to cross at a land border, but that's probably overkill. Why would you be arrested?

 

[malteaser1]

it's completely at the discretion of the individual migraciones agent a the border whether or not to let you in or deny entry for abusing the I-94 (aka tourist permit).

As you are presently in Europe it might be a better idea to fly to Uruguay and then return to Argentina by bus. This has been suggested a number of time by Bajo_Cero2 (an Argentine lawyer).

You still may be denied entry, but you won't have to return to Europe.

In any case, you will not be arrested.

Thank you very much!

I have heard of a close friend's friend who got deported and had a 5 year ban to return, do you know why that might be? If you go over your 90 day and forget to ask and pay your fee, could that happen?
I was always travelling with fear of that in mind, counting the days and making sure I never went over the 90 day period. As there is no law to make you stay away for 90 days, like Usa o Canada, travelling back and forth doing visa runs is kind of a gray law area, not legal or illegal, right?

Are the Uruguay terrestrial borders (bus or car) better than ferry ones at buquebus? Are they more forgiving or less picky?

Thanks a lot!

 

[malteaser1]

If you've only been doing that for under 2 years, most likely, you'll be fine. I did visa runs for 5 years before getting a DNI. Others for even more time. As stated above it depends a lot on the officer. If you really want to play it safe then yes it's better to cross at a land border, but that's probably overkill. Why would you be arrested?

I though arrests/detentions were also in those cases, but then again maybe its only for when you overstay and go to pay your fee that they might detain you?
I'm not sure and it's something that is not quite clear to me.. As a close friend's friend got deported and a 5 year ban for overstaying, so i've always been wary in that sense. Are terrestrial borders the best ones to use then? Avoid planes or ferries if doing visa runs?
Thanks a lot

 

[steveinbsas]

If you've only been doing that for under 2 years, most likely, you'll be fine. I did visa runs for 5 years before getting a DNI. Others for even more time. As stated above it depends a lot on the officer. If you really want to play it safe then yes it's better to cross at a land border, but that's probably overkill. Why would you be arrested?

Keep in mind that, as a result of the DNU/2017, which took effect in 2017, the last two years have brought about an increased level of denials of entry (aka deportations), including a Canadian (juantime) who had an active application for citizenship at the time and was married to either a foreigner with residency and a DNI or an Argentine citizen.

There's no grounds for an arrest based on previously abusing the I-94 tourist permit when you try to reenter. All they can do is deny your entry (deport you) and ban you from trying to renter for a period of time (up to five years?).

 

[steveinbsas]

I though arrests/detentions were also in those cases, but then again maybe its only for when you overstay and go to pay your fee that they might detain you?

Apparently (according to Bajo_Cero2) this is correct...and a good reason not to go to migraciones t pay the overstay fee in advance.

....a close friend's friend got deported and a 5 year ban for overstaying, so i've always been wary in that sense.

OK, that explains why you have been making the visa runs instead of overstaying.

Do you know when this happened, how many overstays your friend had, and if the ban went into effect upon leaving or trying to reenter the country?

Are terrestrial borders the best ones to use then? Avoid planes or ferries if doing visa runs?

According to Bajo_Cero2, territorial borders not accessed by boat or plane are better.

PS: I believe all borders are terrestrial, whether accessed on foot or by car, bus, train, boat, or plane.

 

[malteaser1]

OK, that explains why you have been making the visa runs instead of overstaying.

Do you know when this happened, how many overstays your friend had, and if the ban went into effect upon leaving or trying to reenter the country?

I believe it was last year, and they had been doing some visa runs previous to that, and they missed something stupid like 2 days, it wasn't even a week of overstaying. I was very surpirsed about it given that I thought if they had applied for the permit to extend the visa once, they would have had, most likely, a different result to what actually happened.

 

[steveinbsas]

I believe it was last year, and they had been doing some visa runs previous to that, and they missed something stupid like 2 days, it wasn't even a week of overstaying. I was very surpirsed about it given that I thought if they had applied for the permit to extend the visa once, they would have had, most likely, a different result to what actually happened.

Though it's possible, I seriously doubt your friend was deported and banned from reentry for the next five years for the two day overstay. It was probably a combination of the visa runs and the overstays.

Was you friend "deported" and banned form reentry when trying to enter the country or slapped with a five year ban when leaving?

 

[Bajo_cero2]

it's completely at the discretion of the individual migraciones agent a the border whether or not to let you in or deny entry for abusing the I-94 (aka tourist permit).

As you are presently in Europe it might be a better idea to fly to Uruguay and then return to Argentina by bus. This has been suggested a number of time by Bajo_Cero2 (an Argentine lawyer).

You still may be denied entry, but you won't have to return to Europe.

In any case, you will not be arrested.

An American client of mine had the same situation last time he left. He came back by Uruguay by bus with no hassle.

 

[Bajo_cero2]

Thank you very much!

I have heard of a close friend's friend who got deported and had a 5 year ban to return, do you know why that might be? If you go over your 90 day and forget to ask and pay your fee, could that happen?
I was always travelling with fear of that in mind, counting the days and making sure I never went over the 90 day period. As there is no law to make you stay away for 90 days, like Usa o Canada, travelling back and forth doing visa runs is kind of a gray law area, not legal or illegal, right?

Are the Uruguay terrestrial borders (bus or car) better than ferry ones at buquebus? Are they more forgiving or less picky?

Thanks a lot!

Since 2010 I was advicing that the Coloni run is illegal after decree 616/2016. In International Public Law of War it is the evidence that you are an anemy spy. Fascism and nazism is about to apply to civilian the international public law of war.

 

[Bajo_cero2]

If you've only been doing that for under 2 years, most likely, you'll be fine. I did visa runs for 5 years before getting a DNI. Others for even more time. As stated above it depends a lot on the officer. If you really want to play it safe then yes it's better to cross at a land border, but that's probably overkill. Why would you be arrested?

Because they can arrest him/her for abusing of I-94? There were some cases here.