Visa enforcement?

[ndcj]

"Art. 20.- Los extranjeros gozan en el territorio de la Nación de todos los derechos civiles del ciudadano; pueden ejercer su industria, comercio y profesión; poseer bienes raíces, comprarlos y enajenarlos; navegar los ríos y costas; ejercer libremente su culto; testar y casarse conforme a las leyes. No están obligados a admitir la ciudadanía, ni a pagar contribuciones forzosas extraordinarias. Obtienen nacionalización residiendo dos años continuos en la Nación; pero la autoridad puede acortar este término a favor del que lo solicite, alegando y probando servicios a la República."

That's just the article from the constitution. So far as I understand, you have to read it in conjunction with Ley 346 and Decreto 3213/84. Bajo_cero2 is the expert though and wrote a lot about this in the other thread on the topic.

http://www1.hcdn.gov.ar/dependencias/dip/textos actualizados/346-240805.pdf

It gives several options, including being married to an Argentine or have Argentino nativo (by birth or opcion) children, that don't require two years (or any at all) residency.

I'm filing the paperwork tomorrow in the court for my citizenship after very much less than 2 years here, so we'll see how it works. The clerk in the court seemed to think it wouldn't be a problem. I have my DNI but he said it doesn't matter much. The form asks for any of CI, DNI, Passport or DNM.

 

[ben]

So to recap, if one does not choose the citizenship-directly-through-court route, and is on a expired visa transitoria (no proroga had been done, in fact already paid the multa couple of times), can one apply these days for residency on basis of family, without fear of deportation on account of overstaying?

Also, if so, does anyone have the complete list of requirements for applying?

 

[steveinbsas]

So to recap, if one does not choose the citizenship-directly-through-court route, and is on a expired visa transitoria (no proroga had been done, in fact already paid the multa couple of times), can one apply these days for residency on basis of family, without fear of deportation on account of overstaying?

Also, if so, does anyone have the complete list of requirements for applying?

You didn't specify the familair relationship, but the answer is yes, you can apply without fear of deportation.

Family means being married to an Argentine citizen, the child of Argentine citizen (regardless where you were born) or parent of a child born in Argentina. I think you may also apply for a resident visa if you are married to another foreigner who has one, but be careful. If your Argentine "family" is a brother or sister in law, aunt, uncle, or cousin, you will probably not be granted a visa. If that happens you may only be granted an "ultima prorroga" of 90 days. They could also make you pay the overstay fine of $300 pesos and give you ten days to leave the country, Techincally, I don't think that's deportation. When they come to your residence and detain you until you are on the plane is what I understand as the definition of deportation and I think it requires an order from a judge (which migraciones can request).

You can probably find the list of requisites here:

Residency after marriage

If not, enter the appropriate terms in the search engine and start reading.

 

[ben]

You didn't specify the familair relationship, but the answer is yes, you can apply without fear of deportation.

Family means being married to an Argentine citizen, the child of Argentine citizen (regardless where you were born) or parent of a child born in Argentina. I think you may also apply for a resident visa if you are married to another foreigner who has one, but be careful. If your Argentine "family" is a brother or sister in law or the family relationship is not with a spouse, parent, or child you will probably not be granted a visa.

You can probably find the list of requisites here:

Residency after marriage

If not, enter the appropriate terms in the search engine and start reading.

I'd found a lot of threads, but not this one. Thanks!

While on the subject:

1) will they make me pay $300 fine like when I'm exiting the country?
2) I have a police certificate from my country being legalized/apostilled now, but I've spent 3 days in Uruguay since then. Should I count on having problems?

 

[steveinbsas]

I'd found a lot of threads, but not this one. Thanks!

While on the subject:

1) will they make me pay $300 fine like when I'm exiting the country?
2) I have a police certificate from my country being legalized/apostilled now, but I've spent 3 days in Uruguay since then. Should I count on having problems?

1).You will only have to pay the $600 pesos fee to apply for the resident visa.

2.) Probably not, since you didn't return to your home country, but I am not certain. One thing for sure, this is one more reason to heed Bajo_cero2's advice and not go to Uruguay (especially if you went there to get another 90 day visa).

You can try to call migraciones to ask about this, but the answer you get on the phone may not be the same one you get in person..

 

[ben]

One thing for sure, this is one more reason to heed Bajo_cero2's advice and not go to Uruguay (especially if you went there to get another 90 day visa).

It wasn't the reason - I actually paid $300 for having overstayed when I went on that trip, so nothing gained there.

You can try to call migraciones to ask about this, but the answer you get on the phone may not be the same one you get in person..

So true... and that's the scary part.

 

[John.St]

You can try to call migraciones to ask about this, but the answer you get on the phone may not be the same one you get in person..

So true... and that's the scary part.

It is my impression from reading a zillion posts about this subject, that the smart people hire someone like Bajo_cero2 - or another expert in immigration law - pays what it costs and avoid the many problems with ignorant public "servants" (read: "bullies", hrmpf!).

That's what I would do, if my home country didn't expressly forbid dual citizenship when aged 23 (and I have a government guarantee on a risky investment - could be seriously expensive to loose that on dismissing my present citizenship).

 

[mdoeren]

Hello! my tourist visa expires today. it would cost almost the same amount if not more for me to go to uruguay for the day, as it would to pay the fee of $300 pesos. I just wanted to verify that the expired visa fee was still $300 pesos and that it was a fixed rate. I am planning on going to Colombia in a few months, and wanted to make sure the fee would not go up more for each extra month I stay here illegally.

 

[steveinbsas]

Hello! my tourist visa expires today. it would cost almost the same amount if not more for me to go to uruguay for the day, as it would to pay the fee of $300 pesos. I just wanted to verify that the expired visa fee was still $300 pesos and that it was a fixed rate. I am planning on going to Colombia in a few months, and wanted to make sure the fee would not go up more for each extra month I stay here illegally.

The fee does not increase by the month, but it could be increased (for everyone) at any time.

(Five years ago the fee was $50 pesos.)

 

[Bajo_cero2]

I tried wading through some former threads in search of an answer, but my eyes started to cross after a while...

Upon marrying an Argentine, is a foreigner immediately eligible for citizenship, or must he or she live here for 2 years like everybody else? I know eligibility kicks in as soon as you give birth here, but not clear about marriage...

Yes, i have a case where he applied 1 week after he got married. The case was accepted by one of the most conservative judges.

Art. 3° — Los extranjeros designados en el artículo 2° inciso 1° de la Ley N° 346, al tiempo de solicitar su naturalización deberán cumplimentar las siguientes condiciones:
a) tener dieciocho (18) años de edad cumplidos
b) residir en la República dos (2) años continuos
c) manifestar ante los jueces federales su voluntad de serlo.


También podrán obtener la naturalización cualquiera sea el tiempo de su residencia los extranjeros que acrediten las siguientes circunstancias:

f) tener cónyuge o hijo argentino nativo.

Regards

www.rubilar.com.ar