US citizen deported at Ezeiza

[Bajo_cero2]

Yesterday another US citizen has issues at Buquebus:
We are going to submit an habeas corpus for his re entry.

 

[Bajo_cero2]

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

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..

In fact, I’m the one who is prosecuting. Here are 3 cases where there are criminal prosecutions against lawyers of the DNM, one of them ordered by a Criminal Judge in an habeas corpus:

 

[Bajo_cero2]

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.

I already got over 40 unconstitutionalities but they do not derogate the DNU, but in practice judges just do not enforce it any more, and the room III of the chamber of appeals changed its precedent where they declared it valid since they were criminally denounced by me.

 

[Bajo_cero2]

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.

The reason I developed the strategy of applying for citizenship for by passing immigration 11 years ago was because I saw something fishy at the procedure of appealing the decisions of the DNM that now I understand that it is because we have an Apartheid that was´t enforced during the democratic governments until Macri. So, you cannot win if you follow that path.

On the other hand now I understand that my initial intuition was right because the citizenship law and Constitutional articles I use are based on the institution of refuge as soon as we were the first country to abolish slavery.

So, now, more than ever, the solution is to apply for citizenship.

 

[Bajo_cero2]

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.

She was assisted by a lawyer whose knowledge was alike a paralegal because the foreigners rights in this country are one of the most difficult topics in the Federal Law. You can win only if you know what you are doing.

 

[Bajo_cero2]

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.

The solution is art. 14 of the CN but he did´t invoque it.

But it is not that simple. In fact, it is very deep.

The argentine NC is deeply influenced by the Bible and this is why you can decide between to apply before the DNM or a Federal Judge because Christianity was a religion of slaves looking for their freedom while the mandatory rules of decree 70/2017 are regarding to the Koran which religions believes are all about submission and payment of a fee if you do not convert to islam (precaria) that meant to get the citizenship that was religion based.

So, and this is very interesting, Mauricio Macri is deeply anti semitic because the Bible is based on the Torá and he is erasing the christian values from the legislation and replacing them by muslim´s following point 19 of the Múnich Program.

This is why judges who were appointed by him are not enforcing it anymore since they realice it.

No.

 

[sternum]

I got a pensionist visa last year, that expires 2nd of May. But the immigration lawyer at that time had not told me the truth. And residency is not possible for me at the moment, because of present rules in Argentina - and present rules in my country, that will change in two years.

I went to Migration to ask to change my status to tourist in February, with Steve in Bas excellent information from Migration website of how to change. But, instead of following the website, Migration in Buenos Aires, told me to go to Uruguay in the middle of April. They said I would get a tourist visa there. This turned out to be wrong. Every one I know, have told me to go to Uruguay and all will be fine. It is not.

When I went to Uruguay, the Migration person there told me I had to get out of the Argentina the 2nd of May, when my pension visa expires. According to him, I can never come back, because I have resident status and it is not possible to come back as a tourist ever.

Back in Buenos Aires from one day in Uruguay, I went to Migration. They told me to go abroad the 2nd of May and come back the next day. My pensionist visa would have expired and I would be a tourist. I have a flight in June, because I thought I could renew my visa. I don't know what to think, who to believe or what to do. I have never overstayed 182 days, except for this year with pensionist visa.

 

[demokritos]

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.

Fair enough.

On the other hand, from what I have seen as a humble outsider, laws here are so selectively enforced that the people dealing with the implementation of the laws are the ones who advise the rest of the public which are enforced and how so. Drinking on the street, construction permits, taxes, the law as written is one thing, its implementation is another. Just look at the post directly above this one...

 

[Pensador]

Very interesting developments in Argentina. The country is crashing and it is going to crash very hard in the not so far from now. Now given that understanding you do no suppose Argentines are not their normal selves of late. I can tell you they are not many of my friends and family are just annoyed with what is happening. They have lost so much in the past year. Their purchasing power has declined they are struggling, job losses are now setting in, companies are downsizing like the building was on fire. It is really starting to kick in.

So I am sure that affects the attitude of working people in every environment. So the lottery has shifted as I see it and at the same time there is an influx coming from places like Venezuela and other countries. Which I can understand trying to get that under control. The fall out of all this seems to be spilling over. I could be wrong.

But I never was a permatourist boarder hopper. Actually, if it was not for my wife and mother in law I would go tomorrow on the first flight. You can fall in love with Argentina but there is an ugly Argentina and it is raising its head again.

 

[Bajo_cero2]

I got a pensionist visa last year, that expires 2nd of May. But the immigration lawyer at that time had not told me the truth. And residency is not possible for me at the moment, because of present rules in Argentina - and present rules in my country, that will change in two years.

I went to Migration to ask to change my status to tourist in February, with Steve in Bas excellent information from Migration website of how to change. But, instead of following the website, Migration in Buenos Aires, told me to go to Uruguay in the middle of April. They said I would get a tourist visa there. This turned out to be wrong. Every one I know, have told me to go to Uruguay and all will be fine. It is not.

When I went to Uruguay, the Migration person there told me I had to get out of the Argentina the 2nd of May, when my pension visa expires. According to him, I can never come back, because I have resident status and it is not possible to come back as a tourist ever.

Back in Buenos Aires from one day in Uruguay, I went to Migration. They told me to go abroad the 2nd of May and come back the next day. My pensionist visa would have expired and I would be a tourist. I have a flight in June, because I thought I could renew my visa. I don't know what to think, who to believe or what to do. I have never overstayed 182 days, except for this year with pensionist visa.

The solution id to apply for citizenship and, if you do it while you have the legal residency, it is going to be straight forward.