Overstaying 90-day limit

I came to Argentina 4 years ago from the U.S. on a extended vacation with my wife who was born here. While being treated for a minor injury, one of the tests revealed I had a life threatening condition which could only be cured by a new, and very expensive drug. By the grace of God, my wife's family knew a prominent doctor who was able to enroll me in an experimental program here which provided the drug for free. The treatment however lasted 18 months. I obviously did not attempt to leave the Country to renew my visa knowing i could never extend it that long. My treatment was 100% successful, however I am now 3 years over my visa and I am afraid I might not be permitted back if I should leave Argentina. I have built a life here and wish to remain. Any advice would be appreciated.

I believe you have two options to "legally" stay in Argentina.

Based on the fact that you have been in Argentina for more than two years withhout leaving you can apply directly for citizenship.

Go to the nearest federal court (with your wife) and ask for the list of requisits. The fact that you're married to an Argentine citizen may not make any difference (unless she is the only one producing income).

You can also apply for permanent residency at migraciones , though a prominent member of this form who is also a lawyer fighting the DNU 70/2017 would probablt advise against it (at least at this time).

If you do apply for permanent resdiency your wife will have to have her DNI and you will have to pay the overstay fee of $15000 pesos. That amount is likely to increase significantly at any time. It will probably double at the least. You shouldnt have to provide a criminal report (penales antecedentes) from any country other than Argentina. You will need a current passport from your home country.

If you apply for citizenship all you should have to provide to get the process started is your passsport, a certificado de domicilio, and proof of an "honest"means of living.

I beleive the lawyer mentioned (Bajo_cero2 aka Dr. Christian Rubliar) would advise you NOT to go to migraciones without legal representation.

PS: If I was in your situation I would go to the nearest federal court and (hopefully) begin the citizenship process ASAP and bypass migraciones completely.
 
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I came to Argentina 4 years ago from the U.S. on a extended vacation with my wife who was born here. While being treated for a minor injury, one of the tests revealed I had a life threatening condition which could only be cured by a new, and very expensive drug. By the grace of God, my wife's family knew a prominent doctor who was able to enroll me in an experimental program here which provided the drug for free. The treatment however lasted 18 months. I obviously did not attempt to leave the Country to renew my visa knowing i could never extend it that long. My treatment was 100% successful, however I am now 3 years over my visa and I am afraid I might not be permitted back if I should leave Argentina. I have built a life here and wish to remain. Any advice would be appreciated.

Since your wife was born here I will assume she is a citizen. Thus the path citizenship is fairly straight forward as you are entitled to it because because you are married to Argentinian. Law 346 Art 2.7 see below and the link at the bottom of the post. So as Steve pointed you have allot going for with the time here and the fact you married to an Argentinian. Good luck!


CITIZENSHIP LAW

Law 346

The Senate and Chamber of Deputies of the Argentine Nation gathered in Congress, etc., sanction with force of
law:

Title 1 - Of the Argentines

Art. 1 ° They are Argentines:

- 1 ° All individuals born or born in the territory of the Argentine Republic, whatever the nationality of their parents, with the exception of the children of foreign Ministers and members of the Legation residing in the Republic.

- 2 ° The children of native Argentines, who having been born in a foreign country opt for the citizenship of origin.

- 3 ° Those born in the Legations and warships of the Republic.

- 4 ° Those born in the republics that were part of the United Provinces of the Río de la Plata, before the emancipation of those, and who have resided in the territory of the Nation, expressing their will to be so.

- 5 ° Those born in neutral seas under the Argentine flag.

Title 2 - Citizens by naturalization

Art. 2 - They are citizens by naturalization:

1 Foreigners over 18 years of age, who resided in the Republic for two consecutive years and expressed their willingness to be before the federal judges of section.

2 Foreigners who accredit said judges to have lent, whatever the time of their residence, some of the following services:

1 ° To have honestly carried out jobs in the Nation, or in the provinces, inside or outside the Republic.

2 ° Have served in the Army or in the squad, or have attended a war function in defense of the Nation.

3 ° Have established a new industry in the country, or introduced a useful invention.

4th Be a businessman or railroad builder in any of the provinces.

5 ° To be part of the established colonies or to be established in future, either in national territories or those of the provinces, provided that they possess some real property in them.

6 ° To inhabit or populate national territories in the current border lines or outside them.

7 ° To be married to an Argentine woman in any of the Provinces.

https://translate.google.com/transl...nexos/45000-49999/48854/norma.htm&prev=search
 
Hello, my name is Gabriel, In October that marks one year of living in Arg.
I was told the last time that I went to Uruguay that I would not be allowed to re-enter.

My tourist Visa expires on the 19th of this month!

I have an Institue that will provide me with a pre-work contract and a year visa sponsorship, Will this be sufficient evidence to apply at the office for another 90-day extension while I wait for the process of the work visa?
 
Hello, my name is Gabriel, In October that marks one year of living in Arg.
I was told the last time that I went to Uruguay that I would not be allowed to re-enter.

My tourist Visa expires on the 19th of this month!

I have an Institue that will provide me with a pre-work contract and a year visa sponsorship, Will this be sufficient evidence to apply at the office for another 90-day extension while I wait for the process of the work visa?

You can ask for a prorroga of your current 90 day visa at migraciones up to ten days before it expires.

Based on previous posts by others who have tried to get an extension of a "second" tourist visa (obtained by making a visa run to Uruguay) you are not likely to get an extension.

Nonethelesss, there is no reason to panic. Others have overstayed their tourist visas while waiting to apply for temporary residency and the only negative consequence was having to pay the overstay fee when they applied for the temporary residency.

When all of the paperwork for your "work visa" is ready to submit to migraciones you should be able to pay the overstay fee (presently $4500 pesos) along with the fee for the visa (presently $6000 pesos) along with the fee for the DNI (presently $300 pesos) and get the desired temporary residency based on your employment.

Just be sure you have everything migraciones requires before you go there.

PS: How many times have you gone to Uruguay?
 
3 times I believe.
Wow so I am kind of panicking, I woke up this morning, and the institute said they are revoking the offer!!! After a month long process of saying they will help me out with I'mmigration and providing me a pre contact.
Is it possible to get a stamp if I go to Iguazu falls & enter to Brasil?
 
3 times I believe

Wow so I am kind of panicking, I woke up this morning, and the institute said they are revoking the offer!!! After a month long process of saying they will help me out with I'mmigration and providing me a pre contact.

Is it possible to get a stamp if I go to Iguazu falls & enter to Brasil?

Sorry to hear the institute revolked the offer. When I read your previous post I was thinking it's a good sign that they are still hiring...

Dr Rubliar has previoulsy posted that it is best to go to Uruguay and return by bus (and this would be the cheapest and quickest way), but recently he has posted it is better to just overstay and pay the fee when you leave or apply for citizenship at some point.

His most recent posts give the clear impression it is not worth taking the risk of being denied reentry and he has repeatedly indicated that the decison is up to the individual immigration offcer.

Another expat recently posted he went to Uruguay (I believe by ferry) and got a new 90 day visa without any probelm.

I don't think anyone in this forum has posted that they were denied a new 90 day visa when making the "visa run" to Uruguay, but eventually someone is going to be the first.

How long are you planning on staying in Argentina?
 
Right, it's all about the draw of luck of who the I'mmigration officer is, the first two times they didn't even take a second look, the last time I went ( 3 months ago) I was told that my passport will he flagged & I won't be able to enter Uruguay without a visa.
They asked me what I am doing in Argentina & I said I plan to study but haven't enrolled yet.
So it's best to just let it expire then pay the fee when I leave?
Is there anything I can do to stay current?
I don't plan to stay to stay more than a few months more after this incident with this institute.
 
Is there anything I can do to stay current?

None that I know of.

I don't plan to stay to stay more than a few months more after this incident with this institute.

Well, just be prepared to pay whatever the overtasy fee is when you leave.

It will probably increase in the next few months and I won't be surprised if that increase is two or three timse the present amount of $4500 pesos for an overstay of less than two years.
 
right thank you, and this is supposed to be paid 10 days before departing?
also, the prorroga is available only 10 days prior? Would it be a waste of time to go there with 2 days left?
 
right thank you, and this is supposed to be paid 10 days before departing?
also, the prorroga is available only 10 days prior? Would it be a waste of time to go there with 2 days left?


Based on what I've read on the migraciones website it looks like the prorroga can be requested up to ten days prior to the expiration of a 90 day visa.

Based on what I've read here in the past twelve years I don't think it's possible to get a prorroga after making one or more trips to Uruguay.

If I understand correctly, the prorroga is meant to be an extension of the original 90 day tourist visa, nada mas.

Based on what Dr. Rubilar has posted, I think it would be very unwise for you to go to migraciones to pay the overstay fee in advance.

You can pay the overstay fee at the airport prior to departure. It's a routine procedure.

PS: If you do pay the overstay fee at the airport the worst think that is likely to happen is getting scolded by the immagration official as you head toward the departure gate. If that happens just be polite and say you're sorry and it won't happen again.

It deosn't sound like it will.
 
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