tourist visa not renewed in Colonia!

If I was you, Ï would not go again to migraciones, you will not be more illegal after 1 month or 10 months of overstaying, it is the same thing! i would call BajoCero but would not bother going to Uruguay, that would be more trouble if things don´t go as expected. Continue with your life, pay the tip, sorry fine, when you leave and voila!
 
Kirst said:
My problem is the longer I stay the more illegal I am and if I stay until the end of the year, I would be over my visa by nearly 14 months!

You are making a common mistake, you think regarding the immigration law in your country, here the law is different.

If you are not a turist, then you are an inhabitant. To become illegal you need an administrative act made by the immigration agency after a legal procedure. Then you are illegal.
In fact, here it works different, the more time you are here, you are more you are entitle to stay, even to become a citizen. In fact, you can enforce your right to stay.

Kirst said:
My concern is also about not being allowed in at a later date if I want to come back!

Well, you should not sign any paper saying you renounce to come back. Sometimes they try to make you sign it.

And if they deny your entry we can always claim tour right to entry to the country, as an inhabitant, through habeas corpus.
Inhabitant is any human been who actually lives here. This can be done in advance.

Kirst said:
Also, I have decided to take the advice of people and try to get citizenship, however I dont know how I am going to get it with an illegal passport here either!!! I was thinking about going down to P Madero tomorrow to explain I have started to the process of Citizenship and I need a renewed visa for 90 days so I can get it.

Nooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo
You can apply for citizenship being irregular, illegal, call it whatever you want. Read the thread about citizenship for foreigeners I posted, it is all about applying being illegal. You can follow the judges feedback at that thread.

Regards
 
Kirst said:
My problem is the longer I stay the more illegal I am and if I stay until the end of the year, I would be over my visa by nearly 14 months! My concern is also about not being allowed in at a later date if I want to come back!

I don't think it matters if you overstay by 14 days or 14 months. If you leave the country before you are granted citizenship you would probably have to pay the overstay fine, but I don't think that stops (or even interrupts) the two year "residency" requirement for citizenship...and I don't think you'll have any problem coming back (especially from Scotland) and getting a new 90 day visa (whether you are applying for citizenship or not).

Kirst said:
Also, I have decided to take the advice of people and try to get citizenship, however I dont know how I am going to get it with an illegal passport here either!!! I was thinking about going down to P Madero tomorrow to explain I have started to the process of Citizenship and I need a renewed visa for 90 days so I can get it.

I doubt if going to PM tomorrow will help at all, especially if you have no "proof" that you have really started the tramites for citizenship.

Your passport is never going to be "illegal" but of course it (just like your visa) can expire. Once your visa has expired you are irregular. As previously noted, Bajo_ceroo2 specializes in helping those who are irregular (and/or "illegal")apply for citizenship.

Hopefully, the court provides some kind of "receipt" for your documents when you begin the process. I'm sure Bajo_cerp2 alreadly knows and I should know tomorrow morning.

I think the most important thing for you to focus on is demonstrating that you have a legal "means of living." If you do, everything else should fall right into place.
 
Thankyou everyone for your help today! If I hadnt taken the time to post today, I would have bought my ticket and gone to Uruguay tomorrow! have called Bajo and shall go and see him tomorrow. I am also waiting on a call from Hector Celano to see about rectifying the citizenship papers.

I absolutely love Argentina and the idea of never being allowed back here would kill me!

Shall keep you posted on the outcome so that you dont make the same mistake as I had done 3 months ago!
 
FWIW - and as always, I recommend getting your residency if possible - I don't think you would have any problems if you went to Uruguay. Despite other's assertions that this is a new policy and an example of the crack-down, it's not. The policy has been (at least for the last 4 years) that the border agents can't override the date/stamp given at Migraciones in PM.

If you want to begin the residency process, by all means do so. Again, it's a good thing.

But if you just want to get in compliance, go to Uruguay or some other locale and get your 90 stay stamp.
 
citygirl said:
FWIW - and as always, I recommend getting your residency if possible - I don't think you would have any problems if you went to Uruguay. Despite other's assertions that this is a new policy and an example of the crack-down, it's not. The policy has been (at least for the last 4 years) that the border agents can't override the date/stamp given at Migraciones in PM.

If you want to begin the residency process, by all means do so. Again, it's a good thing.

But if you just want to get in compliance, go to Uruguay or some other locale and get your 90 stay stamp.

With all due respect.
Sorry, but there are no assertions that there is a new policy, there is a new policy (the new decreto).

Now indeed remains the question whether it will be enforced or not (at least on the DGM side, it's getting a bit more tough).
Nobody said there is a crackdown or implied there is one, it's just a possibility, and in the OP's case, her visa was renewed for 3 days at the border (another fact).

I agree with you that it's unlikely a global crackdown could arise.

As for going to Uruguay anyway, you are the only one recommending that (it's all to your honor to have a different view though), but imho there are strictly no advantages going to Uruguay (a false sense of being "legal" maybe).

Not going to Uruguay implies 0 risks vs. a smallish potential risk if going to (even if it's a 0.5 or 2% risk, why take it?).

The debate residency vs citizenship could last forever.

However the citizenship process is effective, less costly, more flexible (less requisites) and faster than the residency one. Why bother with the residency one then?!

Disclaimer : not saying all of this to promote BC (there are anyway many other lawyers in BA), it's my own opinion.

OP : Do not go to Uruguay, sincerely. For all the other aspects, make up your own mind.
 
With all due respect - not getting an extension that overrides the extension from PM is NOT NEW and is NOT A NEW POLICY. You have (AFAIK which is at least 5 years), never been able to override the date given by Migraciones in PM. THis has nothing to do with the new decreto. I have had friends who dealt with it as far back as 2007. Again, let me state for the record - this is not a new policy. If you renew your 90 day in PM, you are held to the dates given on that extension. Even if you leave the country and return, if that occurs before the renewal expires, you will not receive another 90 days but instead, should be held to the original dates.

Her visa was not "renewed for 3 days". The renewal was for the original dates of the visa given by Migraciones in Puerto Madero. It is always done that way. If she had left on Nov 29th, she would have received a 90 day. Because she left prior to the expiration date of her renewal from PM, they could not override the original dates.

As for the rest - well, citizenship is never something I would take on lightly. Especially since the majority of those I've seen here are not intending to spend their lives in Argentina and citizenship would have tax and other obligations. YMMV.

As for the rest and to whether or not the OP should go to Colonia, I have no opinion. I simply stated and stand by that I would be shocked if she had any problems.
 
citygirl said:
Again, let me state for the record - this is not a new policy. If you renew your 90 day in PM, you are held to the dates given on that extension. ...
Her visa was not "renewed for 3 days". The renewal was for the original dates of the visa given by Migraciones in Puerto Madero. It is always done that way.
Exactly. Entry before the prórroga has expired cannot override the date of the prórroga.
 
steveinbsas said:
I doubt if going to PM tomorrow will help at all, especially if you have no "proof" that you have really started the tramites for citizenship.

Hopefully, the court provides some kind of "receipt" for your documents when you begin the process. I'm sure Bajo_cerp2 alreadly knows and I should know tomorrow morning.

I submitted my papers to the juzgada federal this morning. They filled out the one form (asking for citizenship) for me (though I could have done it myself). I was not given any kind of receipt...just a small post-it with a phone number. They told me to call in about six weeks if I hadn't heard form them. At that point I will need to have my fingerprints taken by the police. They were very nice to me.

That's all for now.
 
steveinbsas said:
I submitted my papers to the juzgada federal this morning. They filled out the one form (asking for citizenship) for me (though I could have done it myself). I was not given any kind of receipt...just a small post-it with a phone number. They told me to call in about six weeks if I hadn't heard form them. At that point I will need to have my fingerprints taken by the police. They were very nice to me.

That's all for now.

I may be too a cuidadano in about 3 to 6 months, but I'm -still- married to an Argentinean hence it's even easier. It will then be time to party!
 
Back
Top