Probable Entry Denial At Ezeiza After Overstay

[Flay]

I was in a similar situation a few weeks ago and it was pretty tense. I'm British, my wife Argentine. We got married early May then went on a two-week honeymoon to Europe. When I paid the overstay fine at Ezeiza on departure I was told straight that I wouldn't be allowed back into the country because it was my third overstay, but when I explained I'd just got married, I was told that in that case I would "probably" be ok if I showed the red libro de familia when I re-entered. But when I came back two weeks later proudly wielding my the little red book, the girl behind the window looked at it blankly and said something like "esto no me sierve para nada". I'd also booked a turno for migraciones online at the last minute to be extra safe, but the girl was seriously unimpressed by the fact that I'd booked it that same day shortly before boarding the flight from Madrid! In the end, she let me in purely because my wife, who'd gone through the Arg and Mercosur channel, came over to the window and got a bit emotional; So, yes, definitely appears to be up to the discretion of the immigration officer you meet on the day and whether they take pity on you/can be bothered doing whatever they'd have to do if they decided not to let you in.

 

[Johnny]

Hmmmm, concerning news for us serial overstayers...was bound to happen sooner or later. I'd like to see what input Bajo might have.

 

[ben]

In the end, she let me in purely because my wife, who'd gone through the Arg and Mercosur channel, came over to the window and got a bit emotional

In my experience, the main thing the people at the airport, including immigration and customs agents, want, is *respect*. By the way, not unlike most bureaucratic functionaries everywhere and particularly here. They want you to respect their turf and their intelligence, and to make clear you understand how crucial they are to your happiness, at least for this moment. In your case, your wife's emotional appeal satisfied/filled that need.

Also, contrast with other Western countries and particularly the U.S., where a stunt like that would have had the agent yelling at your wife to stay away or get arrested (unless you'd approached the desk together, which btw you probably should have done here).

 

[Mambru]

In the end, she let me in purely because my wife, who'd gone through the Arg and Mercosur channel, came over to the window and got a bit emotional; So, yes, definitely appears to be up to the discretion of the immigration officer you meet on the day and whether they take pity on you/can be bothered doing whatever they'd have to do if they decided not to let you in.

That is what i've been hearing, it's only getting worse for permatourists, but i totally agree with ben. They just want to feel like you respect their jobs and are not just trying to fool the system, thats why i think being totally honest is step 1.

One question, did the inspector at any time talk to anyone else? Like her superior or something to consult before finally letting you go? I'm heading over to ezeiza right now.

 

[Mambru]

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.

Yes i did in my first post, because she got the FBI record that same day through FieldPrint FBI channeler, but i assume it is not authenticated as you say (it has the signature of an agent and everything but in my experience that is never enough). I was a little suspicious at first but she sent me a copy and looks legit, she only had to pay a 50 dolars fee to get her fingerprints taken and the record. Anyway, this lawyer i found said he could get her residency even without the apostille in a week, but i'd rather do it right if she gets in the country.

Also, how does that habeas corpus work?? This lawyer i've been talking to didnt mention anything like that. Is there a chance of getting one by sunday? What he did tell me was that if she gets an "acta" (which i've seen a copy of in a previous post) that states they are kicking you out then it gets a lot more complecated, and i'll have to pay a lot of money in lawyer fees to get that removed and her back to the country. Is it really that serious?

 

[sesamosinsal]

Doesn't the FBI report have to be requested once a person is already in Argentina?

 

[steveinbsas]

Yes i did in my first post, because she got the FBI record that same day through FieldPrint FBI channeler, but i assume it is not authenticated as you say (it has the signature of an agent and everything but in my experience that is never enough). I was a little suspicious at first but she sent me a copy and looks legit, she only had to pay a 50 dolars fee to get her fingerprints taken and the record. Anyway, this lawyer i found said he could get her residency even without the apostille in a week, but i'd rather do it right if she gets in the country.

A few years ago there were a number of posts on this subject and those who had recently applied for residency made it clear that the "apostille" was required. I haven't checked the FBI website recently, but I believe it refers to "authentication" by the State Department as opposed to using the term Apostille.

Also, how does that habeas corpus work?? This lawyer i've been talking to didnt mention anything like that. Is there a chance of getting one by sunday? What he did tell me was that if she gets an "acta" (which i've seen a copy of in a previous post) that states they are kicking you out then it gets a lot more complecated, and i'll have to pay a lot of money in lawyer fees to get that removed and her back to the country. Is it really that serious?

I'm not a lawyer but I think Dr. Rubilar is the one who wrote about getting a writ from a judge in a case where a foreigner was not going to be allowed to enter at EZE. Habeas corpus may "work" differently in Argentina but I believe it means "produce the body" and that migraciones would be required to comply.

Here is Dr. Rubilar's website: http://www.rubilarcitizenship.com

 

[steveinbsas]

Doesn't the FBI report have to be requested once a person is already in Argentina?

I think you can get one while you are in the USA and bring it with you, but there is a time limit. I believe the FBI report is "valid" for 90 days after it is issued and if not submitted within that time period, migraciones will not accept it.

 

[Gringoboy]

In my experience, the main thing the people at the airport, including immigration and customs agents, want, is *respect*. By the way, not unlike most bureaucratic functionaries everywhere and particularly here. They want you to respect their turf and their intelligence, and to make clear you understand how crucial they are to your happiness, at least for this moment. In your case, your wife's emotional appeal satisfied/filled that need.

Also, contrast with other Western countries and particularly the U.S., where a stunt like that would have had the agent yelling at your wife to stay away or get arrested (unless you'd approached the desk together, which btw you probably should have done here).

This is very true and when I flew to the UK in Nov last year, the passport control lady at Ezeiza rapped my knuckles for still having the old style DNI. Of course I was well within expiry but the point was made.
One of the good things about this country is the amount of grey areas so to speak. If you weren't 100% legit, you wouldn't stand a cat's chance getting into the UK.

 

[sleslie23]

This is very true and when I flew to the UK in Nov last year, the passport control lady at Ezeiza rapped my knuckles for still having the old style DNI. Of course I was well within expiry but the point was made.
One of the good things about this country is the amount of grey areas so to speak. If you weren't 100% legit, you wouldn't stand a cat's chance getting into the UK.

Or the US! When I passed through a few weeks ago, the guy kept examining my (new) DNI over and over. He kept glancing at the monitor occasionally, so I assumed that he was waiting for the system to update.

He seemed very suspicious of my DNI. Probably just paranoia and the fact that I was entering on the new DNI (I left with the old one) and was also entering with a new passport.