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Is it true that 2 visa overstays = auto 5 year ban?

Border runs seem like they are technically illegal
"According to Bajo_cero2, visa runs constitute perpetration of a fraud by abusing the tourist visa (living here as a "fake tourist" without the appropriate legal residency):
'5 Americans rejected at the border yesterday
Yesterday 5 Americans were rejected at the border with Chile. 2 of them were living here for long time, 2 renewed the tourist visa once before, the last was in her first renewal. They were trying to renew the tourist visas The immigration agent was super nasty and he rejected them for fake...'

overstaying is definitely against the law.
well, lawyer Rubilar says no. and the last lawyer i talked to said no. and the university liaison for immigration said i could just stay past my residency, in-bewteen semesters :p

but, always a risk with new laws/presidencies, assuming the past is always true. here's a border-abuser banned in 2014: https://baexpats.org/threads/i-was-denied-entry-at-ezeiza.31498/

2015 overstay 4x problems: https://baexpats.org/threads/probable-entry-denial-at-ezeiza-after-overstay.33728/

Dec2022 recommendation from the old forum @steveinbsas long-time poster:
Ironically, expats continue to make "visa runs" to Uruguay and Chile to avoid overstaying their 90 day tourist permit because they think it keeps them "legal" or "legit" with migraciones, unaware that "abuse" of the tourist visa is a "crime" that can be grounds to prevent thier reentry while overstaying the tourist permit is not actually considered a crime. An Argentine lawyer who specializes in citizenship for extranjeros has repeatedly advised those who ask the question about the visa runs to "overstay" instead of leaving the country to get a new tourist permit. He has made it clear that is is better to overstay and pay the (now $12.5000 peso) fine than make a "visa run" which may have less than the desired result. Going to Ururguay to get a new visa does not kep you "legal" in the eyes of Argentine immigration, even if they actually give you a new visa when you return. You are not renewing your first 90 day permit. Whatever happens depends on the individual official at the point of entry, If you make a "weekend" trip" to Uruguay but return before your previous permit has expired, you may not receive a new permit. In that case, you would only have however much time is left on the original permit before you are in an overstay status. If you leave on the last day of your current permit, and return the next day, it will look "obvious" to the border official that you are "abusing the toursit visa" and, althought it is unlikely that you would be denied reentry, you could be denied reentry. It haas happened to others on thier first visa run. Geting a 90 day extension at migraciones is cheaper than paying the overstay fine: It is not difficult, and it can be done in a lot less time than a weekend trip to Uruguay, but it will take more time than paying the fine at the airport.

Jun2015 overstay, third violation meant a ban:
I was in a similar situation a few weeks ago and it was pretty tense. I'm British, my wife Argentine. We got married early May then went on a two-week honeymoon to Europe. When I paid the overstay fine at Ezeiza on departure I was told straight that I wouldn't be allowed back into the country because it was my third overstay

and his follow-up:
After seeing on my most recent exit stamp that I had overstayed, the officer asked me how long I would be in the country. I said, "Actually, I'm planning on starting my residency. I'm married to an Argentine." She to pointed to the note of overstay on the stamp and said to be careful with overstaying again and that I had 90 days to get my residency

another posted opined:
they will not deny you entry for overstaying under 2 years and just once. multiple years and times (2-3) trigger a red flag. once no. p.s. the only thing that can go wrong is that if perhaps, the court has already requested an informe/officio on you from immigration in that case, the fact that you were seeking citizenship might appear in their system and they may flag you as well. I don't know how they work.

2014 recommendation about not overstaying more than once: https://baexpats.org/threads/i-was-denied-entry-at-ezeiza.31498/page-17

@neoperm here asking if overstaying between Student Residencies would work for the next residency: https://baexpats.org/threads/student-visa-to-argentine-citizenship.45515/post-429017

another recommendation:
If you overstay your tourist visa (180 days max per year) on a regular basis, eventually you will get into troubles. When you overstay, you are legally not allowed to leave the country until you pay a fine, which is peanuts. The issue is when you come back to Argentina. If you have a habit of overstaying, at one point, migraciones will refuse to let you enter the country.

lawyer Rubilar here:
If you want to stay longer, you can renew the entry permit i-94 at the immigration building. Do not do border runs, they are illegals in Argentina. But if you overstay you are not illegal and just pay a fine when you leave. If you plan a long term stay, apply for citizenship as soon as you arrive and then the immigration law is not enforceable to you.

...but he also says crazy sh*t sometimes, like:
Time counts since stepping on Argentine soil. The secret in both cases is not to mention the student visa or the refugee application unless you are Ukrainian or you are from a Muslim country and your name is Jesus. The refugee application is a direct ticket to a deportation order. Citizenship is for living here, not for being a military settler from the local Wild West (legal resident).

basically, no one knows what is going on: https://baexpats.org/threads/should...plying-for-citizenship-at-year-2.44544/page-5

overstaying once seems like the best option, from everything i've researched. and @Bajo_cero2 is the only lawyer out of 6 i've consulted that thinks student visas won't lead to citizenship, but i wonder if he would say the same thing about 2 years of Student Residencies, 6 months at a time (Visas are obtained outside of Argentina or upon entry, whereas Residencies are obtained inside with RADEX)
 
"According to Bajo_cero2, visa runs constitute perpetration of a fraud by abusing the tourist visa (living here as a "fake tourist" without the appropriate legal residency):
'5 Americans rejected at the border yesterday
Yesterday 5 Americans were rejected at the border with Chile. 2 of them were living here for long time, 2 renewed the tourist visa once before, the last was in her first renewal. They were trying to renew the tourist visas The immigration agent was super nasty and he rejected them for fake...'


well, lawyer Rubilar says no. and the last lawyer i talked to said no. and the university liaison for immigration said i could just stay past my residency, in-bewteen semesters :p

but, always a risk with new laws/presidencies, assuming the past is always true. here's a border-abuser banned in 2014: https://baexpats.org/threads/i-was-denied-entry-at-ezeiza.31498/

2015 overstay 4x problems: https://baexpats.org/threads/probable-entry-denial-at-ezeiza-after-overstay.33728/

Dec2022 recommendation from the old forum @steveinbsas long-time poster:


Jun2015 overstay, third violation meant a ban:


and his follow-up:


another posted opined:


2014 recommendation about not overstaying more than once: https://baexpats.org/threads/i-was-denied-entry-at-ezeiza.31498/page-17

@neoperm here asking if overstaying between Student Residencies would work for the next residency: https://baexpats.org/threads/student-visa-to-argentine-citizenship.45515/post-429017

another recommendation:


lawyer Rubilar here:


...but he also says crazy sh*t sometimes, like:


basically, no one knows what is going on: https://baexpats.org/threads/should...plying-for-citizenship-at-year-2.44544/page-5

overstaying once seems like the best option, from everything i've researched. and @Bajo_cero2 is the only lawyer out of 6 i've consulted that thinks student visas won't lead to citizenship, but i wonder if he would say the same thing about 2 years of Student Residencies, 6 months at a time (Visas are obtained outside of Argentina or upon entry, whereas Residencies are obtained inside with RADEX)
Thanks for posting all of that. But I have to admit, I'm as confused after reading all of those things than before. Ha. Most of my friends that come and over stay in Argentina do legitimate tourism to Uruguay, Chile and Brazil so they are taking trips that way. None of them have had issues. But I understand it sounds like no one knows for sure. And even from all these posts it sounds like various lawyers disagreeing with one another. Such is life in Argentina!
 
I've heard this rumour but is it true ?
My friend from the UK has been living in Buenos Aires for the past 2.5 years. She said that things are definitely getting more difficult with this. Her first time she took a legitimate vacation to Brazil and that reset her time 90 days. It wasn't really a border run but an actual vacation. Then she paid the penalty to overstay and had to go home to visit a sick relative. She came back to Argentina last June 2023 and her relative passed away so she overpaid again to go to funeral. She wasn't planning to leave again but they hassled her when she paid the overstay fee for the 2nd time 10 days ago.

They did not say she was going to be banned but they said she was going to "have issues". She did not know what that meant and she doesn't speak Spanish. It sounds like they are getting more strict now with overstays too.
 
overstaying once seems like the best option, from everything i've researched. and @Bajo_cero2 is the only lawyer out of 6 i've consulted that thinks student visas won't lead to citizenship, but i wonder if he would say the same thing about 2 years of Student Residencies, 6 months at a time (Visas are obtained outside of Argentina or upon entry, whereas Residencies are obtained inside with RADEX)
He seems adamant in reading some of these links that student visas will NOT work. Are there any posts anywhere that say student visas WILL work? Seems like it could be a waste of time and money. But to each his own.
 
it sounds like no one knows for sure.
that's the essence of it. and even my latest lawyer meeting he said that no one knows how the Rentista visa works with the "Savings" option, since it is written somewhat clearly, but Immigrations folks have been adding their own twists to it :p

every time i learn more about the processes for residencies here, i get more confused for sure

they hassled her when she paid the overstay fee for the 2nd time 10 days ago.

They did not say she was going to be banned but they said she was going to "have issues". She did not know what that meant and she doesn't speak Spanish. It sounds like they are getting more strict now with overstays too.
and when i reference your anecdote in the next couple of weeks to the old-timers here, they will no doubt ignore your story along with the 10 others, because 'well it's always worked for me' blah blah blah

thanks for the share, @america

Are there any posts anywhere that say student visas WILL work?
this is confusing to me, also. remember: Visas are very different than Residencies! Visas are granted before the entry or at the entry, and Residencies are granted once already inside. so although it sounds the same, a Student Visa is completely different than a Student Residency of 6, 12, or 18 months @oil rush

Student Residencies are just that; legal residencies to live in Argentina, just like Rentista/Pensionista/Work. you get a DNI, etc. - if you pay/commit to a Master/"Posgrado" you can get 12-24 months Residency, depending on the school!

Argentina is a mystery certaintly, but the law is pretty clear for Citizenship: live in Argentina for 2 yeas consecutive. so, if a Student Residency grants you legal rights to live in Argentina, then @Bajo_cero2 is quite literally the only person on the entire internet in my 6 months of research that has said a Student can't get citizenship. but like most of his claims on the old forum and Expats.com, he never explains why or provides sources/links/laws to this Student claim.

translate this page to English if you need to: https://www.argentina.gob.ar/servicio/obtener-una-residencia-temporaria-como-estudiante

...but the Student Residency is pretty easy. i don't know how anyone can think it isn't possible - it's all there in plain language. just get school acceptance, entry into their Migraciones electronic system, do the paperwork, and you get +180 days of residency in Argentina. my plan is to do this 3 times until my 180 days of tourism plus 1.5 years of Student Residency equal 2 years in Argentina, and i'll apply for citizenship on my own at the courthouse. plans change all the time, but it seems doable. the only doubts i have seen are from the old forum, a guy named @SecretShopper was saying he was having issues with his Student Residency plan.

i'd really appreciate some info from someone who has actually done residency/citizenship in a similar fashion!
 
that's the essence of it. and even my latest lawyer meeting he said that no one knows how the Rentista visa works with the "Savings" option, since it is written somewhat clearly, but Immigrations folks have been adding their own twists to it :p

every time i learn more about the processes for residencies here, i get more confused for sure


and when i reference your anecdote in the next couple of weeks to the old-timers here, they will no doubt ignore your story along with the 10 others, because 'well it's always worked for me' blah blah blah

thanks for the share, @america


this is confusing to me, also. remember: Visas are very different than Residencies! Visas are granted before the entry or at the entry, and Residencies are granted once already inside. so although it sounds the same, a Student Visa is completely different than a Student Residency of 6, 12, or 18 months @oil rush

Student Residencies are just that; legal residencies to live in Argentina, just like Rentista/Pensionista/Work. you get a DNI, etc. - if you pay/commit to a Master/"Posgrado" you can get 12-24 months Residency, depending on the school!

Argentina is a mystery certaintly, but the law is pretty clear for Citizenship: live in Argentina for 2 yeas consecutive. so, if a Student Residency grants you legal rights to live in Argentina, then @Bajo_cero2 is quite literally the only person on the entire internet in my 6 months of research that has said a Student can't get citizenship. but like most of his claims on the old forum and Expats.com, he never explains why or provides sources/links/laws to this Student claim.

translate this page to English if you need to: https://www.argentina.gob.ar/servicio/obtener-una-residencia-temporaria-como-estudiante

...but the Student Residency is pretty easy. i don't know how anyone can think it isn't possible - it's all there in plain language. just get school acceptance, entry into their Migraciones electronic system, do the paperwork, and you get +180 days of residency in Argentina. my plan is to do this 3 times until my 180 days of tourism plus 1.5 years of Student Residency equal 2 years in Argentina, and i'll apply for citizenship on my own at the courthouse. plans change all the time, but it seems doable. the only doubts i have seen are from the old forum, a guy named @SecretShopper was saying he was having issues with his Student Residency plan.

i'd really appreciate some info from someone who has actually done residency/citizenship in a similar fashion!
I think a big part of the problem in Argentina is that the "right hand" doesn't know what the "left hand" is doing. Many times when there are stated laws, if you get someone angry working that day for whatever reason they can make your life a hell and reject it. I didn't want to hassle with it and just used an immigration attorney to guide me.

What I did which was a long time ago and may not be the best path now as things can change in Argentina, is I got a student visa to legally stay in the country and I actually enrolled in school. Then I started a company as I was legally allowed to work and then that company employed me. I was also told when I did this over 20 years ago that a student visa was NOT a method to take over the long haul. They told me that you could start the process with it but it wasn't a good method to gain permanent residency in Argentina. I followed what they told me. I didn't really have time to hassle with it myself and I found it well worth it. I did get my permanent residency a few years later and have had it since.

I don't know what the best route to take now. But I would say unless an immigration attorney has actually gotten permanent residency via a student visa route, then I would take what they say with a grain of salt. I'd listen to what experienced immigration attorneys say but I'd ask them how many times they have personally gotten permanent residency via that route. If they say none, then I'd say that route is impossible.

Just my 2 cents.

I also agree that you have to see more data points this year of what will happen to overstays. This is an entirely different administration. Lots of governmental officials are getting fired. Lots probably will want to show they are doing their jobs and no way to really know what will happen or if things have changed until we read more data points. I still talk to many that do border runs without issues up until last week.
 
I find the entire "fake tourist" thing kind of funny because what dictates a "fake tourist". I have a lot of friends who have been retired and traveling all around South America non-stop. They travel around Argentina, Uruguay, Brazil, Chile and have long-term leases in Argentina but they are always traveling around. What is the definition of fake tourist? They could argue that they are a genuine tourist that has been traveling non-stop around South America. So far they have had no issues with traveling in and out of Argentina with a trip last month. This has been going on for years.
 
I find the entire "fake tourist" thing kind of funny because what dictates a "fake tourist". I have a lot of friends who have been retired and traveling all around South America non-stop. They travel around Argentina, Uruguay, Brazil, Chile and have long-term leases in Argentina but they are always traveling around. What is the definition of fake tourist? They could argue that they are a genuine tourist that has been traveling non-stop around South America. So far they have had no issues with traveling in and out of Argentina with a trip last month. This has been going on for years.

This is my situation, I've spent a decade living here probably 80 % of the time in Argentina with frequent trips to Chile, Uruguay, Brazil etc. I have friends in every South American country. If I have been in Buenos Aires 3 months and I go to Santiago for the weekend for my friends birthday does that make me a "fake tourist" ? And when I return and they give me another 90 days is that my fault? That's going to be my argument if I'm ever questioned, which I havnt been in what must be around 100 entries at this point.

Also maybe I am naive but I feel like a polite head nod, smile and "buen dia" when approaching immigration goes a long way, at least it hasn't failed me yet
 
This is my situation, I've spent a decade living here probably 80 % of the time in Argentina with frequent trips to Chile, Uruguay, Brazil etc. I have friends in every South American country. If I have been in Buenos Aires 3 months and I go to Santiago for the weekend for my friends birthday does that make me a "fake tourist" ? And when I return and they give me another 90 days is that my fault? That's going to be my argument if I'm ever questioned, which I havnt been in what must be around 100 entries at this point.

Also maybe I am naive but I feel like a polite head nod, smile and "buen dia" when approaching immigration goes a long way, at least it hasn't failed me yet
Thank you for sharing your experiences. This is also what I plan to do. Like you, many people I have met told me they have lived and traveled around in Argentina for many years. Never with issues. I asked a lawyer friend and he laughed when I told him that people are arguing that traveling around to Uruguay is illegal and overstaying isn't. He literally laughed. He said both are breaking the law and couldn't stop laughing when I told him that immigration lawyers were saying that was illegal and trying to argue that overstaying your visa and paying a fine wasn't illegal. He said both are against the law.

He said there is probably not any that is better than another and said it probably depends on the mood of the customs person and to be friendly, smile and very polite. This matches what you are saying @HannibalLector. That is what I plan to do. I will probably just time my trips to other countries more than just a day trip. It doesn't seem too difficult to travel every 3 months and go on legitimate trips around. I'm a real tourist not a fake tourist. LOL.
 
This is my situation, I've spent a decade living here probably 80 % of the time in Argentina with frequent trips to Chile, Uruguay, Brazil etc. I have friends in every South American country. If I have been in Buenos Aires 3 months and I go to Santiago for the weekend for my friends birthday does that make me a "fake tourist" ? And when I return and they give me another 90 days is that my fault? That's going to be my argument if I'm ever questioned, which I havnt been in what must be around 100 entries at this point.

Also maybe I am naive but I feel like a polite head nod, smile and "buen dia" when approaching immigration goes a long way, at least it hasn't failed me yet
Yep. This matches many of my mates who have been in the same position for over a decade here. Maybe the key thing they have in common is they are actual digital nomads and travel around a good bit. They don't just do border runs the same day. They typically are going to Brazil for the weekend or they might go over to Uruguay or come back to the UK as well for Christmas or NY. They play the tourist/digital nomad card. I would rather do this vs. overstaying long periods.
Overstaying is strictly against the law.

But it Is seen more as an administrative misdemeanour than a crime.

If you intend to stay long term in the country I wouldnt recommend it.

If you only want to stay between 6 and 12 months , there should be no problem.
True. Funny for anyone to try to argue that overstaying isn't against the law too. I don't know if one is worse than the other. I know both are tolerated but my mates play the actual tourist card and never have had issues. The key is probably taking legitimate trips vs. constantly just doing same-day trips to Colonia every 90 days. And above all, being very friendly and polite when re-entering Argentina. A friendly good morning, good afternoon or good evening in Spanish upon entering goes a long way.

My friends say it is easier now that their passport isn't stamped as before they would have tons of entry and exit stamps for Argentina in their passports making it obvious how much activity they have in Argentina. Of course they can see it on their screens but the lines are so long at customs mostly they just want to move through the line.
 
This is my situation, I've spent a decade living here probably 80 % of the time in Argentina with frequent trips to Chile, Uruguay, Brazil etc. I have friends in every South American country. If I have been in Buenos Aires 3 months and I go to Santiago for the weekend for my friends birthday does that make me a "fake tourist" ? And when I return and they give me another 90 days is that my fault? That's going to be my argument if I'm ever questioned, which I havnt been in what must be around 100 entries at this point.

Also maybe I am naive but I feel like a polite head nod, smile and "buen dia" when approaching immigration goes a long way, at least it hasn't failed me yet
Thanks for posting about your experience. This matches some people that I know. They never pay the overstay fine. They just take trips before their 90 days is up. So this seems to match what you are saying.

I left Argentina before Christmas and I had no problems re-entering a few days ago. I will just follow this strategy now and go to Brazil every 3 months or maybe Chile or mix it up. Thanks for posting!
 
This is my situation, I've spent a decade living here probably 80 % of the time in Argentina with frequent trips to Chile, Uruguay, Brazil etc. I have friends in every South American country. If I have been in Buenos Aires 3 months and I go to Santiago for the weekend for my friends birthday does that make me a "fake tourist" ? And when I return and they give me another 90 days is that my fault? That's going to be my argument if I'm ever questioned, which I havnt been in what must be around 100 entries at this point.

Also maybe I am naive but I feel like a polite head nod, smile and "buen dia" when approaching immigration goes a long way, at least it hasn't failed me yet
THIS seems to be the winning formula.
 
This is my situation, I've spent a decade living here probably 80 % of the time in Argentina with frequent trips to Chile, Uruguay, Brazil etc. I have friends in every South American country. If I have been in Buenos Aires 3 months and I go to Santiago for the weekend for my friends birthday does that make me a "fake tourist" ? And when I return and they give me another 90 days is that my fault? That's going to be my argument if I'm ever questioned, which I havnt been in what must be around 100 entries at this point.

Also maybe I am naive but I feel like a polite head nod, smile and "buen dia" when approaching immigration goes a long way, at least it hasn't failed me yet
Same. I don't think immigration can call you a fake tourist if you're a digital nomad and legitimately a "tourist". So many places one can visit between the borders of Argentina or a quick and easy flight. Seems like the easiest solution and hasn't failed me. I realize it does take some funds to travel around but not difficult.
 
. I don't think immigration can call you a fake tourist if you're a digital nomad and legitimately a "tourist".
the most important thing seems to be being in Argentina for 180 days per calendar year or less, according to old posts by @stevebsas and @Bajo_cero2

(2022 story of another border-run issue)

there are dozens of stories of near-denials and denials. those who border-run should just plan their risk accordingly, but i still stand by the claim that if you are going to another country, you should follow the immigration laws there, regardless if they are enforced or not. the lax policies of the commies will not last forever. people don't want uncontrolled immigration to safe countries, when we see how it works out for France, Germany, Sweden, USA, etc.
 
the most important thing seems to be being in Argentina for 180 days per calendar year or less, according to old posts by @stevebsas and @Bajo_cero2

(2022 story of another border-run issue)

there are dozens of stories of near-denials and denials. those who border-run should just plan their risk accordingly, but i still stand by the claim that if you are going to another country, you should follow the immigration laws there, regardless if they are enforced or not. the lax policies of the commies will not last forever. people don't want uncontrolled immigration to safe countries, when we see how it works out for France, Germany, Sweden, USA, etc.
I do think they should be stricter with border control. There isn't much risk or bother to me of expats overstaying. It's been going on for decades. But the fear will be if people see how great it is here and then just all come and overstay. Word spreads quickly. Look at Chile with Haitians. They all tell their friends and family and it can become a problem.

On Argentina's list of priorities I do not think it is high on their list of things to fix.
 
the most important thing seems to be being in Argentina for 180 days per calendar year or less, according to old posts by @stevebsas and @Bajo_cero2

(2022 story of another border-run issue)

there are dozens of stories of near-denials and denials. those who border-run should just plan their risk accordingly, but i still stand by the claim that if you are going to another country, you should follow the immigration laws there, regardless if they are enforced or not. the lax policies of the commies will not last forever. people don't want uncontrolled immigration to safe countries, when we see how it works out for France, Germany, Sweden, USA, etc.
Until I hear of friends staying here having issues or a broader case of expats posting on forums having problems I will continue. People have no idea of just how many people are overstaying here. I have been hearing since President Macri that they were going to get tougher and it never has gotten tougher. Argentina's Constitution as I'm told allows their attitude for immigration.

If you look at the birthrates dropping all over the world including Argentina, countries need more people to move to their countries. Look what is going on in the USA. USA is purposely letting in millions of illegals because they will need them to work. Look at the latest unemployment numbers in the USA.

Argentina is not going to be any different. Citizens here aren't having more kids. Argentina will need a big wave of immigration here too.

illegals.jpeg
 
A close friend of mine that has been overstaying here for 15 years just left to go back home to the USA for the first time since before Covid lock down. He was nervous leaving but no problem at all paying the overstay fee and he just arrived back this weekend. Zero problems. I asked him how many times he has paid the overstay fee and he said probably about 25 times. A few times he has gone back home a few different times in the same year. Never had problems.

If he were to apply for residency in the future I wonder if this would cause him to have problems?
 
A close friend of mine that has been overstaying here for 15 years just left to go back home to the USA for the first time since before Covid lock down. He was nervous leaving but no problem at all paying the overstay fee and he just arrived back this weekend. Zero problems. I asked him how many times he has paid the overstay fee and he said probably about 25 times. A few times he has gone back home a few different times in the same year. Never had problems.

If he were to apply for residency in the future I wonder if this would cause him to have problems?
Seems like that is very common. Sounds like people applying for residency is not the norm in Argentina and probably won't be until there is some change in their immigration policy. Seeing how they are allowing all from Venezuela to live and work in Argentina, I doubt there is any urgency to change the immigration policy. People coming and going without problems.
 
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