Probable Entry Denial At Ezeiza After Overstay

[Mambru]

Im argentine married to an american citizen. She is flying back here this sunday after having overstayed for the fourth time. She didnt have any problems until Last week when she was told at ezeiza she wont be let back in the country unless she already had the resident visa.

The point is that we already have all the paperwork, (all we are missing is the translation of the FBI report) but she had to fly back to the states last week for a funeral, and we didnt think coming back would be a problem being married and with everything ready.

What i was able to put togeather from talking to migraciones, the consulate and migrations lawyers, is that as stated before in this blog there is no law preventing her from reentering the country despite being her fourth time overstaying, but it will all depend on what the migrations officer says. There's also this thing they do were they mark you with an "alert" (apparently everyone marked lately has been sent back to the country they came from) but you can only assume it happened after you were told that you cant come back by the officer.

To make it worse, i am in the middle of getting my greencard which means i cant go to the states, so now i dont know if and when i'll be able to see my wife again. Any suggestions on how to handle her reentering?? My plan is to take all the paperwork with me, get to the airport early enough and talk myself with the migrations boss to explain my case. This was the lawyer's advice (although first i talk to his subordinate who was telling me she should not even atempt to enter without the resident visa).

 

[nkotb]

So she was told (by an immigration officer) she wouldn't be let back into the country without a resident visa but she decided to fly back without one? I think you have already answered your question.

 

[steveinbsas]

Have you spoken with anyone at migraciones? Perhaps you could get better information from them.

Does your wife have a copy of the marriage certificate with her? If not you could scan it and send it to her in an email. Even if you go to the airport early it might be better if she has a copy of it. She might be able to breeze through migraciones if she is as well "prepared" as possible.

You also might consider contacting Dr. Christian Rubiar who posts here as Bajo_cero2. He may know how to get an order from a judge to allow your wife to enter. As she is returning on Sunday, it would be wise to know how to get such an order on a Sunday if it becomes necessary.

 

[ElCordobés]

You could also get a turno for her trámite. An email to migraciones might be advisable. I received responses within 24 hours addressing my questions/concerns. Between her and you...you have many documents to support that she will complete her request upon return. If you were married in the US (and it's with you), get the marriage certificate translated. Hopefully it has the Apostille already.

And in a worst case...what steveinbsas said. Bajo_cero2 has referenced an emergency order several times on this forum. I believe Sundays and holidays are problematic, but not impossible.

I suspect she will be granted entry with little drama, but better to be prepared.

 

[steveinbsas]

You could also get a turno for her trámite.

BRILLIANT!!!

 

[camel]

One other thing I think I've seen mentioned here, if you think there's a risk of being turned away -- fly first to Montevideo (MVD), then fly to BA from MVD. That way, if she is sent back, she'll only be sent back to Uruguay instead of the US.

 

[ElCordobés]

One other thing I think I've seen mentioned here, if you think there's a risk of being turned away -- fly first to Montevideo (MVD), then fly to BA from MVD. That way, if she is sent back, she'll only be sent back to Uruguay instead of the US.

I was going to mention this as well, but figured she's probably quasi-locked into a route. Well, it will help the next person, if not her.

 

[Mambru]

Have you spoken with anyone at migraciones? Perhaps you could get better information from them.

Does your wife have a copy of the marriage certificate with her? If not you could scan it and send it to her in an email. Even if you go to the airport early it might be better if she has a copy of it. She might be able to breeze through migraciones if she is as well "prepared" as possible.

I already talked to migraciones, and they were the ones who told me it doesnt matter if she has a warning or if its the fourth, first or tenth time she overstayed, it is 100% up to the inspector (and his boss i asume) to decide her fait.

Now the lawyer i talked to said he never heard of a case of an american citizen married to an argentine being sent back, but times change. Still, there's no such thing as a "judge order" to let her in because, as i said, the inspector is the highest authority in migraciones ezeiza (this was what migraciones told me as well as the lawyer). It pretty much seems like they operate outside the law.

She has a copy of our marriage licence, an original of her argentine criminal record, a copy of her residence certificate from the comisaria, a copy of my DNI, a copy of her turno at migraciones for next week, and the original FBI background check (without apostille and translation though).

I think im just gonna go to ezeiza myself tomorrow to talk to the inspector boss, explain her case and hope they tell me she should be able to get in the country, or maybe they will tell me what she needs to have to be let in.

 

[Johnny]

I'm betting whoever told her she couldn't get back in was intimidating her for no good reason other than to be a jackass. I've had my periodic run ins with immigration at Ezieza. All bark and no bite.

 

[steveinbsas]

She has a copy of our marriage licence, an original of her argentine criminal record, a copy of her residence certificate from the comisaria, a copy of my DNI, a copy of her turno at migraciones for next week, and the original FBI background check (without apostille and translation though).

In your first post you indicated all that was needed was the FBI report and in this post you indicated that your wife has it but it does not have the Apostille. If it has been "authenticated" by the State Department that's all that you'll need. If I correctly understand the terminology, the State Department doesn't use the term "Apostille".

If it hasn't been authenticated migraciones will not accept it when your wife submits her documents for permanent residency. I don't think that any migraciones officer at the airport would care in the least if she has an FBI report (with or without the authentication/Apostille). If the report still needs it, I suggest that she send it to be authenticated before she returns to Argentina and just bring a photocopy with her.

You probably already know that the authenticated FBI report can be sent to anyone in the US and then they can send it to you.

PS: The "order" of a judge that I was referring to may be known as a writ of habeas corpus.