OverStaying in argentina due to COVID-19

[ventanilla]

I have overstayed by 2 months and am now a resident. Don't worry. Overstaying in Argentina is not an offense like in the US or other countries but an administrative infringement subject to a penalty. It has no repercussions per se up to 3 hits. After the 3rd hit you would likely be barred from reentry for a few years -- unless you get a good lawyer I guess haha. Obviously, this is the general rule and some people may get in trouble after 2 overstays and some may be ok after the 3rd time. But one overstay for a few weeks especially in this situation is not gonna have any consequences.

In any case, the current situation is exceptional. Migraciones will not be back anytime soon so this second extension will be prolonged for sure eventually. I suspect that maybe at some point depending on how things develop over the next few weeks -- they will even extend all residencies for 1-3 months for the rest of 2020. Just imagine the backlog that they would have on their hands when they are back!

Yea, it's just that with the changes Macri made and recent denials of some tourists entries, I'd rather not risk it, since if I applied for residency I would want to enter as a tourist first. One immigration agent having a bad day could ruin my life.

 

[Alby]

Yea, it's just that with the changes Macri made and recent denials of some tourists entries, I'd rather not risk it, since if I applied for residency I would want to enter as a tourist first. One immigration agent having a bad day could ruin my life.

Exactly. We are once again in the realm of "I doubt Migraciones will..." based on nothing more than wishful thinking. These 30-day extensions may continue for some time, but eventually they will stop, Migraciones will deal with the backlog and people will be caught with expired tourist visas or rejected residency applications, yet no way to leave the country and thus vulnerable, potentially, to deportation action. That possibility is something we need good advice on.

 

[Bajo_cero2]

Somehow I doubt that Migraciones would go after you, or pay you the flight ticket back to your home country. Dismiss you, or at a maximum, catch and release you, is what they would do. Don't count on a free airline ride home. You're here until borders are open and you have your own money to pay a plane ticket.

Deportation procedures are suspended as everything else.

The key here is to understand the basics. Immigrations deals with in and out of people. Borders were closed by a decree that is automatically extended. So, no matter what internal memos (Disposiciones) of Immigrations says (30 days extension says Disposición 1714/2020), they are going to be extended sine die (see Disposición 1923/2020) until borders are opened. Simple like that. Dead lines are frozen and all the debate and the attempt of legal interpretations are useless because it is all about that decree that closed the country plus other countries have their borders closed too.

 

[Bajo_cero2]

Yea, it's just that with the changes Macri made and recent denials of some tourists entries, I'd rather not risk it, since if I applied for residency I would want to enter as a tourist first. One immigration agent having a bad day could ruin my life.

Then you should apply for citizenship.

 

[dsp27]

Then you should apply for citizenship.

Can he remain in the country and be able to travel (leave and come back) while the citizenship process is ongoing thou? It does take at about 1,5 years (if not longer) these days to get a decision by tribunales.

 

[Bajo_cero2]

Can he remain in the country and be able to travel (leave and come back) while the citizenship process is ongoing thou? It does take at about 1,5 years (if not longer) these days to get a decision by tribunales.

If re-entry is denied, the right of return can be legally asserted. This summer I managed to get 5 Americans to enter after a rejection act.
How long does it takes nowadays is difficult to say. Cases can be started by internet since last Monday and seems Court is going to start working only by Internet next Monday but it is not confirmed.

 

[Jeremias]

Then you should apply for citizenship.

Argentina should do what other generous center-Left countries (Italy, Portugal) do, legalize the residencies of all foreigners trapped inside the country. Let's do the kind, generous thing here. Permanent Residency for all foreigners stranded in quarantine. It'd also be great for the economy, foreigners bring their workforce.

 

[dsp27]

Argentina should do what other generous center-Left countries (Italy, Portugal) do, legalize the residencies of all foreigners trapped inside the country. Let's do the kind, generous thing here. Permanent Residency for all foreigners stranded in quarantine. It'd also be great for the economy, foreigners bring their workforce.

Italy? Sorry but Italy has always been unwelcoming to immigrants. I will believe it when I see it.

 

[ventanilla]

Then you should apply for citizenship.

I haven't been here for 2 years yet but I will once I have the money and the time.

 

[ventanilla]

Argentina should do what other generous center-Left countries (Italy, Portugal) do, legalize the residencies of all foreigners trapped inside the country. Let's do the kind, generous thing here. Permanent Residency for all foreigners stranded in quarantine. It'd also be great for the economy, foreigners bring their workforce.

Agreed, especially since a lot of them are Bolivians anyway, who technically can legally get residency at the drop of a hat due to MERCOSUR, they just haven't bothered with it. I have a couple of acquiantances who are Sengalese as well (no idea why they chose to come here still but anyway...) and they have no practical way to get legal status but would love it. If you're not going to deport them, as the authorities here have been reluctant to do for decades now, why not give them residency so that they can get bank accounts and perhaps start paying taxes?