Overstaying 90-day limit

[Bajo_cero2]

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?

And deport you.
Decree 610/2010 and DNU 70/2017 says abuse of entry permit.

 

[Bajo_cero2]

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?

Well, law forbids to arrest you with common criminals. So, they cannot arrest you if they do not have the special prision like they do have at Ezeiza so they just send you back to Uruguay.
There is a border cross with Uruguay with a bridge, my clients were rejected at this side and sent them back, Uruguay rejected them too so they spent 6 hours in the middle of the bridge until the immigrations agent had to go home, so, they allowed to enter but they gave them a rejection order.

 

[Bajo_cero2]

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..

Then apply for citizenship. Simple.

 

[steveinbsas]

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?

Even though some "immigration officials keep approving your entry into the country under a tourist visa" it apparently only takes one immigration official to deny your next entry...which means your detention (or "arrest" if you prefer the term) and subsequent deportation.

If I understand correctly, that can happen at the sole discretion of the individual official and does not require approval from the official's jefe.

 

[Pensador]

Just tuck around 500 USD into the page you want them to stamp ROFLOL like insurance. If they ask you anything just say it is my tip for me stamp LOL. Never tried but I bet it would work. Muaaa ha ha ha!

 

[malteaser1]

So would it be better to overstay and then pay a fee at Ezeiza when leaving, and risking getting banned for returning, rather than doing visa runs?? Or would overstaying get me in as much trouble as doing a visa run?

 

[semigoodlookin]

I am interested to know if people are really placed under arrest, as in "I am placing you under arrest for the crime of..." or are they just detained? I have been detained in another country (Canada) but was never placed under arrest before being sent back (not deported, another term being used here wrongly, imo).

What is clear, and my own experience tells me this, is the officials at the airport are scrutinizing people more closely than they were before. It feels more like a lottery these day, still a lottery heavily stacked in your favor, but one you may lose at some point. My last overstay before I became fully legal here was greeted with a very stern warning that left me certain it was my last chane. Would it have been? Who knows but it seems they are better these days at unifying their information and knowing which people are abusing the system.

 

[steveinbsas]

So would it be better to overstay and then pay a fee at Ezeiza when leaving, and risking getting banned for returning, rather than doing visa runs?? Or would overstaying get me in as much trouble as doing a visa run?

Yesterday I thought you were still in Europe and concerned about what could happen when you tried to return.

Based on this post, it appears that you are actually in Argentina.

If that's the case, you obviously don't have to worry about returning to Argentina by bus at night, at least not yet.

If you make anther visa run by ferry you will get an exit stamp on the way out.

Though it seems less likely to happen if you leave by ferry, you could also get the five year ban then.

If you are denied reentry at any border crossing and you then return at night when there is no border control there will be no entry stamp in your passport that follows the last exit stamp,

It will be as if you reentered illegally and that will make you subject to the maximum overstay fine the next time you leave.

In my opinion, the best "solution" is for you is to stay in Argentina and apply for residency or citizenship.

If you don't qualify for the visa rentista (among others) to get temporary residency you could consider marrying your partner and applying for permanent residency.

You can also apply for citizenship (it isn't "simple" if you don't have a DNI and at least $6,000 USD to pay a lawyer) and that should protect you from deportation by migraciones, but it might not be advisable to leave the country until your citizenship is granted.

PS: Bajo_Cero2 (who is arguably the best citizenship lawyer in the country) has told others to apply for both residency and citizenship at the same time. If you are married to an Argentine citizen, that would be possible, but there's no guarantee that migraciones will grant the permanent residency based n the marriage.

The DNU/2017 apparently gave migracnones "police powers" and that means individual border agents have the power to be as strict or as lenient as they wish when applying the laws.

It also gave migraciones control of the citizenship process, but Bajo_Cero2 (aka Christian Rubilar), working with other attorneys, challenged that provision of the decree and control of citizenship was returned to the federal courts.

 

[Bajo_cero2]

So would it be better to overstay and then pay a fee at Ezeiza when leaving, and risking getting banned for returning, rather than doing visa runs?? Or would overstaying get me in as much trouble as doing a visa run?

Visa runs. They can deny your re entry. Overstay. You have super low risk of being arrested or deported.
You cannot be banned without a deportation order. When they reject your entry, you get a deportation orden and a banned. When you overstay, you do not get it.

 

[steveinbsas]

You cannot be banned without a deportation order. When they reject your entry, you get a deportation orden and a banned. When you overstay, you do not get it.

This is a condensation of several posts by malteaser1 in this thread:

I have heard of a close friend's friend who got deported and had a 5 year ban to return...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. They were slapped with the ban when leaving.

So, I'm just wondering if what malteaser1 "heard" is impossible or if a ban could be imposed when leaving?

If malteaser1 does not apply for residency or citizenship before leaving and is not slapped with a ban upon departure, how long do you think it will be necessary to wait before a "safe return" (without being denied entry, deported and slapped with a ban) would be possible?

If malteaser1 does apply for citizenship or residency, at what point, if any during either of those processes would it be "safe" to leave the country and what advance precautions would be required to "insure" reentry?