The effects of overstaying tourist visa and being "illegal"

[AlexfromLA]

You don't have to make personal comments about me to discuss a topic. I do not and have never played a victim. I will only reply in kind which will escalate into a flame war this forum doesn't need. So stop yourself now before things get out of hand.

Mercosur citizens cannot be illegal, they can be undocumented, but they have every single right to live in any South American country. If you are not aware of this fact, look at migraciones' website or ask an Argentine immigration lawyer.

You are correct, working here without documentation is illegal, and that means they are breaking the law, but it doesn't make them " illegal ".

Now the last part of your post makes no sense. Did you read what I wrote ? I wrote " As far as deportation. You won't be put on a plane at gun point You will be nicely given a 10 day stamp afterwhich you would have to leave the country of your own free will. "

Do you understand ?

And to answer your question, just read the forum. There have been 4-5 members that just posted their experience in the past two days about getting a 3-10 day final stamp saying they must leave the country. And this is just the beginning. The lawyer bajo cero is specifically telling people NOT to go to Colonia because they will end up getting the 3-10 day stamp if there are multiple tourist visa stamps on their passport.

If you want one specific case. Rockinkaj, current forum memeber was given a stamp for 3 days. She had until today to leave the country. I believe she chose to remain in the country illegally until she get's married. Good luck to her.

As far as storm trooper style deportations by the police. South Americans don't do that. They leave that to the US and EU nations. South Americans give you a stamp. If you choose to ignore it, you can either never leave Argentina again and live there illegally, or as soon as you do leave, you will never be allowed back in.


That is exacly what I wrote. So I have no idea on what basis you are arguing my post. If you're going to argue, debate or discuss a topic with me. At least make it worth my while.

 

[Bajo_cero2]

What happens if, during the two years an "inhabitant" is waiting to apply for citizenship, migraciones orders their deportation?

Would it be possible to ask for a restriction order against migraciones to prevent deportation?

The restriction order is in advance, in that escenario an habeas corpus is the proper way, I found a case from Supreme Court were a person who cross the border illegaly won the case. The standard is, you are an inhabitant if you have became part of our society, then you cannot be deported.

Regards

 

[Bajo_cero2]

Deportation...I have never heard of that! Who is going to pay for it?
If you plan on living in Argentina for long, I would try to get citizenship, as many inmigrants from Bolivia, Paraguay,etc do.
Some months ago there was even a protest in BA of Bolivian illegal residents fighting for more rights. I mean, it would have been easy for the Inmigration authorities to deport some of the protesters, but nothing happened.
I think being illegal it is only a burden for you, because you can't get a regular job, I guess you can't open a bank account. But it is not likely that you will be arrested (not for being illegal) or deported.

Deportation isn´t the issue, the tool they are using is to give you 7 days staying, that´s why the border trips should be avoided.
Regards

 

[Bajo_cero2]

If you overstay your visa you won't be able to do any tramites that require an escribano or a valid I.D.

The first thing the escribano will do is ask to see your passport or DNI ( which you won't have ), take a photocopy of the relevant pages including the most recent visa, if it is a valid visa, you will be able to make the transaction. If the visa is invalid, the escribano cannot legally sign off on any of your paperwork.

You will not be able to buy property here without a valid visa. There are also many other transactions that you will not be able to do. That is the point of normalizing your residency situation, so that you can take full advantage of Argentine society and not be an outcast illegal.

Good luck to those that are going to try to become citizens or legal residents.

The passport remains valid id. The escribano that rejects your id is wrong. It can be solved easily, regards

 

[steveinbsas]

Here are seven posts regarding rockinkaj's situation:

She did receive a stamp on the 23rd but she had already received here ultima prorroga on May 27th and therefore had three months "notice" that her time was up. Unfortunately she didn't understand the significance of "Ultima prorroga" and returned from Colonia just 3 days prior to the expiration of her last extension. The agent simply could not give her another 90 days. Apparently he couldn't give her five or ten, either. I don't think his decision was arbitrary. He had to abide by what was written on page eleven.

I think it's important to note is that she received the ultima prorroga in May, well before the new decreto was announced. There have been posts from others who indeed were only given 5 or 10 days to leave the country, but I don't remember if any of them had previously received an ultima prorroga for 90 days as Kathleen did.

If I may I would like some info... I am a Canadian citizen and have been residing in Argentina since April 8 2009 and have been renewing my visa at immigration and doing the Colonia thing in between the immigration renewals. But today entering Argentina ..was not given the 90 days but rather said something about residencia and that was it... so my question is why was I not given the 90 Day Stamp on my passport... Was it because i entered colonia before my last immigration visa was expired or because i have used this method too many times and there is a new limit to how many times i may use this method . My last immigration renewal will expire on the 27th of august and I entered colonia on the 23rd yesterday and reentered Argentina on the 24th... If this is the reason then what are my options... would going to immigration here in Argentina help or could I just reenter colonia again on the 27th... and hope for a new stamp of 90 days... I have entered colonia 3 times in all and renewed my visa at immigration 3 times in alll .Thank you....

I don't understand ?

You didn't get any stamp ? There is nothing on your passport saying you legally entered Argentina ?

Please clarify.

No he only wrote in my passport and stamped but only allowed me till the 27th which was the date already given to me stamped by Immigration. my immigration visa was to expire on the 27th. In other words I had a 3 month visa from immigration to expire on the 27th. I left for Colonia yesterday for 1 day and returned to Argentina today and when entering He told me he is stamping only till the 27th...

So basically after the 27th you have to leave ?

Someone in another thread stated they were given 30 days, someone else said they weren't allowed in and now you are saying only 3 days. Is this really that arbitrary ?

I would definitely contact migraciones and an immigration lawyer. Have them tell you what your options are.

Please keep us posted on your situation.

It says at the bottom of the stamp on page 11 "ultima prorraga", which means that's your last extension and the new guy is basically going with that since he didn't give you another 90 days. I'm guessing if you want to stay you'll be paying the visa overstay at the airport.

So Ya!! I guess that's that, conclusion? The problem was as mentioned above by AlexfromLA and other members, The "Ultima Prorroga" written in my passport. Which unfortunately I did not see... But I think worst of all, is the fact that they did not say anything or at least explain to me at immigration at the time of my visa renewal on May 27th, like.. "look this is your last visa so try to apply for a resident visa if planning to stay in Argentina permanently"...

 

[Bajo_cero2]

Those people live and work in Argentina without documents. Of course that is illegal!

And stop playing the victim yet again, tell me one single case of someone from the USA who has being actually deported.

Deportation on the uncivilized US style where they first send you to jail doesn´t exist here. But you might be arrested, usually for a car crash or something like that, and after they realize you are irregular they might deport you. Anyway you have the right to make an habeas corpus by your self, just say it to the officer and you go to a judge.
http://en.wikipedia.org/wiki/Habeas_corpus

Illegality about working without paying taxes is on the boss shoulders not on the worker. The worker, even without papers has the right to work.

Regards

 

[esllou]

is it possible to get married whilst overstaying a tourist visa?

 

[French jurist]

is it possible to get married whilst overstaying a tourist visa?

yes........

 

[AlexfromLA]

Wouldn't the worker also be breaking tax law by working in " negro " and not paying taxes on his income ? That would be my understanding.

Illegality about working without paying taxes is on the boss shoulders not on the worker. The worker, even without papers has the right to work.

Regards

 

[Amargo]

At least make it worth my while.

And still some people think Argentines are arrogant