Visa/Residency advice - Student Visa, citizenship, forming a S.A.

[ventanilla]

I don't think entering the country and getting a 90 day tourist stamp is a crime (in and of itself). The "crime" is repeatedly entering the country under the guise (pretense) of being a tourist (when one is not), and that (if I correctly understand what BC2 has posted), may be considered a crime under existing laws against espionage.

I encourage him to clarify if that's not the case.

Unless you were asked why you wanted to enter and you lied saying 'tourism' I don't see how it could possibly be a charge that would ever hold up in court.

 

[Bajo_cero2]

I don't think entering the country and getting a 90 day tourist stamp is a crime (in and of itself). The "crime" is repeatedly entering the country under the guise (pretense) of being a tourist (when one is not), and that (if I correctly understand what BC2 has posted), may be considered a crime under existing laws against espionage.

I encourage him to clarify if that's not the case.

According to a decree of the WWII that was revival by the Chamber of Appeals for interpreting the decree 70/2017.

 

[dsp27]

Last week immigration started to assert that the irregularities are crimes. The visa run means fake tourist. They see a fraud in the payment of the legal residency. So, the preceria is going to be granted because this is automatic while when you apply for PR it might be rejected because they see a crime.
The best way to defend yourself is citizenship.

I was planning to go to Tribunales and apply for citizenship last week -- I have all the documents, legalized birth certificate, DNI, etc -- BUT dnu 70/2017 is still the law of the land despite it being challenged. And the DNU clearly specifies that one needs 2 years of temporary or permanent residency prior to applying for a citizenship and while I have lived here for 4-5 years, I only have 1 year of temporary residence. Prior to that I was residente temprario (turista). So I decided to sit put and wait for the DNU to get abolished...to improve my chances. If I am successful in lodging my application how do I get a precaria from migraciones for the 2 years it takes for the citizenship verdict?

 

[steveinbsas]

I was planning to go to Tribunales and apply for citizenship last week -- I have all the documents, legalized birth certificate, DNI, etc -- BUT dnu 70/2017 is still the law of the land despite it being challenged. And the DNU clearly specifies that one needs 2 years of temporary or permanent residency prior to applying for a citizenship and while I have lived here for 4-5 years, I only have 1 year of temporary residence. Prior to that I was residente temprario (turista). So I decided to sit put and wait for the DNU to get abolished...to improve my chances. If I am successful in lodging my application how do I get a precaria from migraciones for the 2 years it takes for the citizenship verdict?

As far as I know, there is no precaria issued by migraciones based on applying for citizenship.

In order to maintain your temporary resident status into the third (and possibly) fourth year (as you wait for the citizenship verdict), you'll have to renew it, based on the same conditions it was originally granted...or start over and apply under a different category.

On the third renewal you can also ask for the cambio to residenciaa permanente.

Of course you may be able to pay a lawyer to get the citizenship ball rolling for you now (provided you have the means and are willing to pay), but I'd still recommend renewing your temporary residency in the meantime.

 

[steveinbsas]

PS to my previous post: You can also go to the court and ask if you can apply for citizenship now.

The worst thing that can happen is that you are told you have to wait.

 

[steveinbsas]

I was planning to go to Tribunales and apply for citizenship last week -- I have all the documents, legalized birth certificate, DNI, etc -- BUT dnu 70/2017 is still the law of the land despite it being challenged. And the DNU clearly specifies that one needs 2 years of temporary or permanent residency prior to applying for a citizenship and while I have lived here for 4-5 years, I only have 1 year of temporary residence. Prior to that I was residente temprario (turista). So I decided to sit put and wait for the DNU to get abolished...to improve my chances. If I am successful in lodging my application how do I get a precaria from migraciones for the 2 years it takes for the citizenship verdict?

If I remember correctly, BC2 posted that the DNU has already been declared unconstitutional as far as citizenship is concerned, so you may be able to proceed on the basis that you already have more than 2 years of continuous residency in Argentina.

If the answer is still no, I suggest you smile and ask when you should come back.

 

[Pierre Smith]

Based on his previous comments, if you're in BA and have a year of residence, now is the to start regardless of the two year rule: you'll get in front of the judge in a year.

 

[Cassiopeia]

Hi Max,

Hope you are well.

1) The student visa is a very good option to regularize your status and UCES has a special license to sponsor foreigners for the duration of the course.
2) I definitely do not recommend to do border hopping anymore.
3) If you are under a 90-day tourism entry, this is the best moment to SWITCH your status into a Student Visa, or some other Visa. It is important that you consider that you MUST bring a KEY document to go for this process (Police Clearance Certificate corresponding to the countries where you have lived for more than 1 year over the past 3 years, i.e. FBI Background Check Certificate). This doc needs to be duly legalized with the APOSTILLE (otherwise your visa application will be rejected).
4) There are other ways to find a sponsor (a friend´s company or setting up your own company). Probably a good friend´s company will be much safer and cheaper than paying for a Course at the University which you must maintain during the entire year. It will give you more freedom.

Hope you find this info useful!

 

[Cassiopeia]

Monotributo does nothing to help you get residency or a visa and there's no practical way for an independent worker to get a visa aside from a student visa or citizenship.

Hi! You are absolutely right. Monotributo is a way of paying a fixed tax amount every month for your independent activity. This way you can issue invoices for your services for up to AR$ 1,700,000 per year. It will definitely help you to justify your earnings and to open a Bank Account, however, all these actions depend on securing an ARGENTINE ID CARD (DNI) and you can only do so by regularizing your Immigration Status first.

 

[Maxwell]

Hi Max,

Hope you are well.

1) The student visa is a very good option to regularize your status and UCES has a special license to sponsor foreigners for the duration of the course.
2) I definitely do not recommend to do border hopping anymore.
3) If you are under a 90-day tourism entry, this is the best moment to SWITCH your status into a Student Visa, or some other Visa. It is important that you consider that you MUST bring a KEY document to go for this process (Police Clearance Certificate corresponding to the countries where you have lived for more than 1 year over the past 3 years, i.e. FBI Background Check Certificate). This doc needs to be duly legalized with the APOSTILLE (otherwise your visa application will be rejected).
4) There are other ways to find a sponsor (a friend´s company or setting up your own company). Probably a good friend´s company will be much safer and cheaper than paying for a Course at the University which you must maintain during the entire year. It will give you more freedom.

Hope you find this info useful!

Thanks for the response!
Getting ahold of the FBI background check is the bit I am working on now. The option of having my prints taken here, mailing them to the FBI and then getting them back here sounds like it may take longer than I have available still on my Visa (Until April 7th).

Any suggestions regarding getting this process done more quickly? I’m following a lead on a group that claims to take the prints digitally with a 5 day turn around time (excluding transit time) but have yet to get a response.

Additionally, in my case I have been here for the past 3.5 years (have spent a total of 10 weeks in the states since getting here), so the FBI background check would not exactly fulfill the requirement of “the country in which I have lived for at least a year in the past 3 years”. That country would be Argentina.