Overstaying 90-day limit

[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!

Bus at night no control at all.

 

[Bajo_cero2]

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



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?



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.

No, the terrestrial borden from Uruguay to Entre Rios because the Federal Judges who are going to decide in the case of a denial are better.

 

[steveinbsas]

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

Cases of individuals being arrested at the office of migraciones or at the border?

And, in either case, what did the "arrest" actually entail? Were they held until deported or given an order to leave within XX days?

 

[malteaser1]

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?

They were slapped with the ban when leaving. And I think you might be right, might have been a combination of both.. I'm just afraid that will happen to me if I overstay or anything goes wrong..

 

[malteaser1]

No, the terrestrial borden from Uruguay to Entre Rios because the Federal Judges who are going to decide in the case of a denial are better.

Better in the sense that they are more forgiving, or they just dont ask many questions about it?

 

[steveinbsas]

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.

When I wrote "you will not be arrested" when you (try to) return, I meant it in the sense that you won't/shouldn't be subject to criminal prosecution in Argentina.

Based on what juantime posted, if you are denied entry you will be detained util you can be put on the next "available" flight, but I don't know if that means returning to where you just came from or if you have any choice of where to go at that point.

 

[steveinbsas]

They were slapped with the ban when leaving. And I think you might be right, might have been a combination of both.. I'm just afraid that will happen to me if I overstay or anything goes wrong..

Even though you haven't overstayed, something could go wrong.

You have already made multiple trips to and from Argentina and could be interpreted as abuse of the tourist permit.

In fact, you were warned about the possible (negative) consequences of doing so by a border agent the last time you left.

When you return you could encounter a border agent at the airport who has the power to deny your reentry if he/she thinks you are abusing the tourist permit.

If I was in your situation, I would seriously consider returning overland by bus at night.

 

[steveinbsas]

PS to the previous post: In spite of what you (along with many others) may have previously believed, multiple visa runs do not keep you "legal" in Argentina, and may be viewed by border agents to be just as "bad" (if not worse) than an overstay, and I don't think it take a combination of overstays and visa runs to be denied entry upon arrival or banned from returning in the future when leaving.

Either of those can happen without any prior warning.

I think you were fortunate to have been warned, but that doesn't mean that you will necessarily be allowed in when you try to return at the airport.

You may be more likely to be allowed back in if you return by ferry, but it sounds like returning by bus is the "safest" bet.

 

[steveinbsas]

I'm just afraid that will happen to me if I overstay or anything goes wrong..

US citizen deported at Ezeiza includes information abut an individual who was never warned about the possible consequences of abusing the I-94 tourist permit as well as problems encountered by expats when trying to reenter (by ferry) after making a "visa run" to Uruguay

 

[Weyland]

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

So if immigration officials keep approving your entry into the country under a tourist visa and then you go to reenter the country again they can arrest you?