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

[steveinbsas]

Am I correct to assume that this service can only be performed from inside of the US?

Yes, you are correct. US documents (including letters from CPA's, lawyers, and bank officers which have been notarized in the USA) can only receive the Apostille in the USA and the US Embassy cannot perform this service.

 

[Bajo_cero2]

For example, here is a case that started in 2015:

Link:

http://scw.pjn.gov.ar

Jurisdiction: CCF
Case number / year: 7778 / 2015

The case you quote is from a trans gender victim of trafficking.
The case was delayed because a) illegal entry; b) deportation order; c) his/her lack of physical ability to learn Spanish. Many poor people from the country side of China has issues with lack or proper food when they were children. Plus, many of them do not read or talk mandarin chinesse.
Meanwhile I went to Court in over 50 cases alike pushing the envelope. About 10 of them were granted.
SC decided this week that the language cannot be requested.
The citizenship is going to be granted soon. The 50 of them.
However, this case do not represents the average expat, I think.

 

[Bajo_cero2]

Hi - this is not wrong. Why would you suggest to overstay when you can easily get another 90 days of legal stay?! Only someone who is really unprofessional would advise to overstay, this would entail to start a case with the WRONG foot, and therefore, compromising the outcome. I would be careful with these comments as you will cause a lot of damage to people who need true and lawful advice.

Because the stay is not legal. Simple.
It is called abuse of tourist visa. It allows immigration to arrest you without a warrant if you show up at immigration; it allows the immigration officers to reject you in the border like it recently happened to 5 Americans.
Recentely the boss of deportation was asserting at Federal Courts that it is a crime (because in medieval international law it can be the crime of servus fugitivus (running slave); espionage and fraud). This is because the origin of the immigration law was martial law.
The DNU 70/2017 preliminary explanation argues fraud in the payment of the precaria.
I achieved success in the re entry of those 5 Americans that made a Chile run against my legal advice.

 

[Bajo_cero2]

I agree that the advice of Bajo_cero2 is oftentimes not correct in reality. Bajo_cero2 gives advise according to his interpretation of the law, but unfortunately what matters is convincing the judge said interpretation is correct. If you cannot do that, then you will lose. This is why despite citizenship cases taking 6-18 months according to Bajo the reality is that it takes much longer if you follow his advice.

This is what lawyers do. Paralegals, instead, they transmit you what the judges request.
The problem is that normally, you do not full fit the requirements of paralegals (like legal residency) and you need a lawyer to fight on your behalf.
There are as many opinions as lawyers are, but which one is reliable depends on the prestige of the lawyer.
However, who cannot interprets the law are paralegals because they lack proper education, experience and knowledge.
For example, it was posted an official website with the requirements that requested uninterrupted residency. It was abolished in 1956 and even the most restricted room of the Federal Chamber is going to revoque a decisión that request for it because it is related to serfdom.
The difference is that paralegals can deal with straight forward cases and, in that situation, you don't really need them.
Lawyers, instead, knows who are the judges, how do they think, how do the judges of the chamber thinks and that are the mandatory precedents of SC and they can appeal.
In my case, if there are no chances with the actual precedents, I push the envelope to change them.
According to DNU 70/2017, for example, it is imposible to apply without legal residency. However, I achieved over 80 unconstitutionalities since 2017 and won about 46 cases since then.
The average amount of cases won per year before 2017 was 25 while after it was 15.
However, cases are not lost because you can insist. The difference is that a lot more people was applying for fear, specially Chinese.
So, while the average amount of cases in CABA used to be 60, now I have only in this city 170. Only about 25 are from 2016 or older. Most of them are going to be decided now that SC ruled against the language test.
However, most of these fresh 100 cases were applications without the 2 years, many of them with days, weeks of a few months in argentina. None of them was deported because the deal with the application, is that you must be treated as you are already argentine.
So, I have a lot of cases from 2017, but they had less than 2 years then, and most of them were started on 2019 and now are ready for a decisión most of them. This year I expect to win 100 of them. I have about 300 all around the country.

 

[Bajo_cero2]

The case you quote is from a trans gender victim of trafficking.
The case was delayed because a) illegal entry; b) deportation order; c) his/her lack of physical ability to learn Spanish. Many poor people from the country side of China has issues with lack or proper food when they were children. Plus, many of them do not read or talk mandarin chinesse.
Meanwhile I went to Court in over 50 cases alike pushing the envelope. About 10 of them were granted.
SC decided this week that the language cannot be requested.
The citizenship is going to be granted soon. The 50 of them.
However, this case do not represents the average expat, I think.

I meant that 10 appeals before Supreme Court were granted because of the language test. SC ruled that it is abolished.

 

[ventanilla]

Because the stay is not legal. Simple.

If you apply for a tourist visa extension while your visa is still in force you are doing absolutely nothing remotely illegal. There is no legal enforcement on what you can do on a tourist visa beside the inability to work - if you choose to live in one place the entire time, that's perfectly legal and normal. You can be refused the extension based on the suspicion of a migration worker, yes, but all that happens then is that you have to leave the country when your current one expires. You would only be breaking the law if you don't do that.
Can you cite a case where someone was criminally prosecuted for trying to enter Argentina as a tourist and having their entry refused, or for applying for an extension and having it refused, rather than simply being deported?

 

[Bajo_cero2]

If you apply for a tourist visa extension while your visa is still in force you are doing absolutely nothing remotely illegal. There is no legal enforcement on what you can do on a tourist visa beside the inability to work - if you choose to live in one place the entire time, that's perfectly legal and normal. You can be refused the extension based on the suspicion of a migration worker, yes, but all that happens then is that you have to leave the country when your current one expires. You would only be breaking the law if you don't do that.
Can you cite a case where someone was criminally prosecuted for trying to enter Argentina as a tourist and having their entry refused, or for applying for an extension and having it refused, rather than simply being deported?

DNU 70/2017 says abuse of tourist visa is illegal. Simple.

 

[ventanilla]

DNU 70/2017 says abuse of tourist visa is illegal. Simple.

DNU 70/2017 only says that transitoria is revocable at the discretion of migration authorities, nothing about criminal punishment.

 

[Bajo_cero2]

DNU 70/2017 only says that transitoria is revocable at the discretion of migration authorities, nothing about criminal punishment.

No.
The Decree 616/2010 used the word abuse of tourist visa tonput it as irregular as overstay. DNU 70/2017 made it a crime. However, the former President was not allow to enact crimes by decree.
Don’t forget I litigate with the boss of deportation and litigation; and I normally prosecute them criminally for enforcing this. So, they are very explicit in order to evade responsibilities.
They talk about crimes.

 

[Frank2000]

Very recently I left Argentina and paid the overstay fine and came back 2 weeks later and got a tourist visa for 90 days. I had overstayed for over a year. Before that I was gone for 3 months. and before that I had made a visa run to uruguay for a day. Just sharing my experience. I was never given any crap at the customs. Actually I found the custom agents very polite and friendly.