US citizen deported at Ezeiza

[demokritos]

Even if he never made any visa runs to Colonia, it would be interesting to know how many overstays he had and over what period of time.

PS: Assuming he was completely unaware of the possibility of being denied entry because of the overstays, blaming the border agents for not warning him he was "in danger of being barred entry before yesterday" is remarkably astonishing (and that's a polite word for it).

No blame was assigned in my statement, and I find your tone remarkably impolite. There's no need for judgemental comments here.

It might surprise you to know that many people who had overstayed or done Colonia runs were explicitly warned by border agents that they needed to straighten out their visa. In my friend's case that never happened, so for anyone reading this thread thinking they are safe because no one ever said anything to them at the border (which speaking with other permatourists would certainly enforce), I added that to indicate that there is no "three strikes and you're out" or warning system.

 

[demokritos]

Was the person this week deported or denied entry?

Denied entry and put on the next flight with his incoming airline to his flight's point of origin. My understanding is migraciones did not explicitly prohibit him from returning to the country, either.

 

[demokritos]

"not overstaying" > "had overstays" - what.... The poor guy probably fell in love with an Argentine - now the honeymoon is over.

I wrote that I'd "confirm with him" and later found that my original impression was incorrect. If you read the posts in order it should be easy to figure out.

He wasn't in a relationship with an Argentine.

 

[Kaz]

I have lived here for 13 years as a permatourist and have never had a problem whatsoever, not that I am worried now as I am leaving permanently in a few weeks,

 

[Wryter47]

I was warned twice at Argentine re-entry after a Colonia trip, and as it turns out, by the same immigration guy who was, as they say, not the winner of the Kindest Public Servant award. At the very least it prompted quicker moves on my part to get my permanent residency paperwork in motion, and sure enough, it worked and I haven't even been back to Colonia since (about 10 years now) and certainly don't miss the time and money it costs to maintain a perma-tourist status. Thus I commend to anyone facing this situation that he or she get serious about application, and even hire an immigration lawyer if yours is an iffy or complicated case.

This has all been written about and discussed countless times over my time here in Argentina (since 2005) and will probably continue as long as Argentina requires a long-term solution to otherwise (to me) discriminatory behavior on the part of the country. And at last resort, I agree with Camel's non-biased assessment above. You make your play and you deal with any consequences.

And I don't see any indication of change in the basic rules because they remain a way for Argentina to maintain control over non-documented longtime residents. It's also one of the realities of living as an expat in just about any country in the world. I think.

Good luck to those in need of permanent or other long-term residency programs.

 

[Bajo_cero2]

I was warned twice at Argentine re-entry after a Colonia trip, and as it turns out, by the same immigration guy who was, as they say, not the winner of the Kindest Public Servant award. At the very least it prompted quicker moves on my part to get my permanent residency paperwork in motion, and sure enough, it worked and I haven't even been back to Colonia since (about 10 years now) and certainly don't miss the time and money it costs to maintain a perma-tourist status. Thus I commend to anyone facing this situation that he or she get serious about application, and even hire an immigration lawyer if yours is an iffy or complicated case.

This has all been written about and discussed countless times over my time here in Argentina (since 2005) and will probably continue as long as Argentina requires a long-term solution to otherwise (to me) discriminatory behavior on the part of the country. And at last resort, I agree with Camel's non-biased assessment above. You make your play and you deal with any consequences.

And I don't see any indication of change in the basic rules because they remain a way for Argentina to maintain control over non-documented longtime residents. It's also one of the realities of living as an expat in just about any country in the world. I think.

Good luck to those in need of permanent or other long-term residency programs.

There is a change. Today I have a consultation where the DNI was rejected because of a denaturation of the tourist visa. First time I see this:

 

[steveinbsas]

There is a change. Today I have a consultation where the DNI was rejected because of a denaturation of the tourist visa. First time I see this:

For those (including me) who do not know Spanish well enough to understand exactly what is written in the attachments or are not logged in and cannot view them, here is the translation by google:

"that arises from the actions of the denatured foreigner the reasons for authorizing their entry into the National Territory, attentive to their entry as a tourist, using management requesting temporary residence ...

That such events are framed within the impediments to enter or remain in the National Territory governed by Article 29 ...

That the GENERAL TECHNICAL - JURY DIRECTORATE of the NATIONAL MIGRATION ADDRESS has taken the intervention that is its responsibility.

therefore, the DNM DISPOSE (decides to)

Deny the benefit requested by the person whose data is listed below."

PS: This is what I wrote for the translation:

Que surge de lo actuado de la extranjera desnaturalizado los motivos de autorizaron su entrancia Teritorial Nacional, atento su ingreso como turista, utilizando gestion solicitando residencia temporaria...

Que tal hechos en enmarcan dentro de los impedimentos para ingresar o permanancer en el Teritorial Nacional normados por Articulo 29...

Que la DIRECCION GENERAL TECHNICA - JURADICIA de la DIRECCION NATIONAL MIGRACIONES ha tornado la intervenccion que le compete.

por ello, la DNM DISPONE

Deniegase el beneficio solicitado por la persona cuyos datos que consignan a continuaccion.

 

[nikad]

Wow, I never heard of anything like this before either. I don't see how some expats doing visa runs, etc actually expect Migraciones to warn them about their chances of re entering the country: The visa run is not naive, and these officers are not your parents, still compared to their fellow INS officers, they are sweet.

There is a change. Today I have a consultation where the DNI was rejected because of a denaturation of the tourist visa. First time I see this:
View attachment 5761View attachment 5762

 

[steveinbsas]

It's worth noting that the decision by migraciones to deny temporary residency on the (apparent?) basis of the abuse of the tourist visa was based on the the law referred to as Articule 29 of the law 25.871 as modified by the decree 70/2017.

Dr. Rubilar (and I believe one or two of his colleagues) have been fighting the decree 70/207 since its implementation.

He was instrumental in it being declared unconstitutional as applied to Argentine citizenship, but it appears to be alive and well and being enforced with increasing fervor by migraciones.

It's clear form his posts that Dr. Rubilar is not a popular figure at migraciones (they want him in jail).

If an appeal to migraciones of the decision to deny temporary residency to the aforementioned foreigner is possible, is it likely to fail? In either case I wonder if a test case can be pursued in the courts.

If it can I hope Dr. Ruilar will take the appropriate actions, but if migraciones prevails, I wonder how aggressive they might become regarding foreigners with a history of abuse of the tourist visa..

Will they start denying renewals of temporary residency to those who have "too many" overstays or "visa runs" to Colonia in their past?

Could they go as far as revoking permanent residency from those who have a similar history?

This is much more ominous than one border agent denying entry to a foreigner with too many overstays.

If this is now the official of the policy of the DIRECCION NATIONAL MIGRACIONES I wonder if it will be enforced with increasing fervor in the future.

PS: It would be helpful to know how many visa runs and/or overstays the foreigner who was denied temporary residency had made/committed..

 

[steveinbsas]

I commend to anyone facing this situation that he or she get serious about application, and even hire an immigration lawyer if yours is an iffy or complicated case.

Based on the photo Dr Rubliar posted, it appears that he foreigner who was denied temporary residency by migraciones was being assisted by a gestor.

That may be as close to an "immigration attorney" as the letter of the law allows, though a "gestor"could, in reality, also be an attorney.

If the decree 70/2017 give migraciones the power to deny temporary residency to a foreigner who as "abused" the tourist visa and they choose to exercise that power, I imagine the only way an attorney would be able to make any difference is to win a case in court against migraciones, rather than getting them to overlook any foreigner's prior violations.

It would be interesting to know if the foreigner's home country makes a difference, but after what happened to the U. S. citizen who was recently denied entry and/or deported, that doesn't seem to matter.