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Immigration law enforcement - Take care !

Last activity 05 October 2022 by DominicanadaMike

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Nosnownyc

Yes on the surface they are seperate issues . The connecting theme is that the RD Government is much  astute and forward thinking that one might believe due to the serendipity of the concrete executions of it's policies ( i.e. Dante's 10th circle of getting residency ).
I would even go as far as to say various websites are being monitored .
I would imagine that these visa free counties might be reciprocal one day which was the unexpressed thought in my post . Planner , I appreciate your critical thinking skills .

abreuimmigration

There have been about 10 countries added to the Dominican passport´s visa-free list in the past year. I believe that number will continue growing. That will especially be the case if the Dominican Republic is allowed a non-permanent seat in the UN Security Council. The DR´s new ¨partner¨, China, has publicly said that they would vote in favor of this occurring.

planner

Understood NoSnow.....    I appreciate your insights as well,  always!

windeguy

No, Planner,  overstay fees are not part of the law.  They are an administrative work around to handle those who overstay.  Dr Guzman of Guzman and Ariza , a prominent law firm in the DR,  has confirmed that the overstay fees are not part of the law.  He has posted this information on DR1 some time ago.  If they were a part of the law , you could construe that paying them absolves you of any risk in the future with DR immigration . Paying exit fees each time you leave simply allows the DR government to make some additional money off you but that payment gave you no legal protection.

JRP55

My friend from NY who has been coming here for years and overstaying each and every time was denied entry in April and put on the first plane smoking to NY and cannot enter this country for 18 months

ducketts

This is very worrying.

When your friend comes over, how long does he stay for?

It's just we come over every year and stay between 2-3 months.  To date never had a problem.

Regards

Ducketts

windeguy

JRP55, was he told his denial of re-entry to the DR was only because of his previous frequent overstays?  Or was there some other reason?

I have only heard of a couple of other incidents over the years where it may have been because of previous overstays that people were denied re-entry, but they were not confirmed.

WillieWeb

The problem with overstay... whether you pay the exit fee or not...

is that after the 30 day initial you become illegal.
The exit fee solves part of the problem
But the larger problem looms /lies in the fact that you are ILLEGAL
As such you are entitled to NO rights or protection under the law.

How far the authorities will take this is not known......
but having no rights in a foreign country isn't a good thing

windeguy

The exit fee is not part of the DR law regarding immigration, it is a work around administrative action for those that overstay.

WillieWeb is correct. After 30 days on a tourist card, you are an illegal alien in the DR. 

Your out of country license to drive is no longer valid.  But wait , you say,  I have driven for months, or know people who drive on their out of country license for years, and never have a problem. My insurance even paid when I had accidents.  That is true frequently, but it does not mean their licenses are legal, or that your insurance has to pay when you are illegal,  it just means the laws of the DR were not enforced as written. Lax enforcement of laws does not mean something is "legal".

I am interested to see if the person was indeed denied re-entry into the DR only for previous overstays.

Riva31

windeguy wrote:

No, Planner,  overstay fees are not part of the law.  They are an administrative work around to handle those who overstay.  Dr Guzman of Guzman and Ariza , a prominent law firm in the DR,  has confirmed that the overstay fees are not part of the law.  He has posted this information on DR1 some time ago.  If they were a part of the law , you could construe that paying them absolves you of any risk in the future with DR immigration . Paying exit fees each time you leave simply allows the DR government to make some additional money off you but that payment gave you no legal protection.


I remember that when the new inmigration law was changed didnt come into efect because was waitting for a reglamentation about how will be apply those rules, so the overstay fee is part of that reglamentation of the inmigration ministery.

WillieWeb

and remember... this person was here 18 months... one & a half years

no casual visitor.....not a SnowBird

ducketts

The solution is to go to the immigration office in DR and apply for a 2 month visa (maximum).  That means you can stay for up to 3 months and you are legal.

What  I fail to understand is why make it so difficult.  Surely they want your money.  The country is still very poor and has a long way to go.

There must be a simpler way.  It would be much easier if one could apply for a tourist visa for say 3-6 months and of course pay for it.  But  today the only way round this, other than paying overstay fines, is to apply, when you arrive, for a 2 months visa.  Again why can't you do that before you leave with your local office as you can when you want to go to the US or Oz.

JRP55

Sometimes 2 or more months

JRP55

Yes it was simply for his history of overstays he never had and criminal problems,the new fingerprint machines at the airport now make it easy to identify those who have patterns of overstay

JRP55

You can only apply for 2 month visa In your home country

JRP55

2 sometimes 3 months

JRP55

Listen to this my friend was put on the first thing smoking back to US he's from NY but the next flight out was to Miami not only did he have to pay the exhorbitant cost of paying for a last minute ticket he had to navigate his way home from Miami, immigration is not obligated to get you to your home city only your home country,and if you can't afford the cost of a last minute ticket you stay in jail until the date of your original departure ticket

Guest2022

JRP55 wrote:

2 sometimes 3 months


Was it POP?

Did he make several overstay visits during a calendar year?

Any idea what may have flagged him up for denied entry?

Riva31

thecolonel wrote:

In order to show my great respect for the burocrats of the dr, and to eliminate the stress on myself, what I think ill do the next time I leave the country and pay the 4000 peso shakedown, is NOT COME BACK, and spend my money next time in a place where im more appreciated, in one of the countries competing for gringo easy money.  Ifvone or two million of us do the same, they might realize that they're shooting their own wieners off.


With all the respect can you tell me how works your country? whay they do with people that overstay their visas?

ducketts

All I know is I can for for example to Costa Rica, no problems, I can stay for 3 months-no overstays.

I don't understand why the DR authorities make it so difficult for most law abiding citizens who spend money in their country.

One should be able to apply for a tourist visa in ones own country for 3-6 months.

planner

No one can understand what this country may or may not do.  I am told they are considering  longer stay visas but that is NOT confirmed. This country will do what it wants.  Remember we are GUESTS here unless you have citizenship!   As Guests you have NO say in how things are.

JRP55

No idea what raised the red flag,it appears to be random and yes he overstayed multiple times over the last 2-3 years

Riva31

ducketts wrote:

All I know is I can for for example to Costa Rica, no problems, I can stay for 3 months-no overstays.

I don't understand why the DR authorities make it so difficult for most law abiding citizens who spend money in their country.

One should be able to apply for a tourist visa in ones own country for 3-6 months.


I agree must hav esome options of diferent kind of visas, hopefully they do it.  For example when I visited Costa Rica in 2015 they wrote in my stamp 25 days, last time I went to mexico they wrote in the inmigration form that you must return when you depart at the airport 180 days and if you loose that card you have a lot problems at the airport, Wile visitting Argentina they wrote in my stamp 20 days, then I went to Paraguay for 1 night and returning they wrote 90 days in my stamp, While visitting Sint Marteen they make me a lot questions, has to show my credit cards, money, they called the hotel to ask if was true they my hotel was already paid., Im 10000% sure If I were brake their inmigration rules and staying more than the time they let me next visit I will be returned from the airport.   

So from my point you can not demonize DR because could or is starting to enforce inmigration laws, every country that I have visitted do it, so we have also the right to do the same thing.

DominicanadaMike

I agree with Planner.  to add...Stop trying to figure out what they are doing.   This is a broken country.  They have no clue what they are doing or why they are doing it.  So go on about your daily routine right or wrong, but knowing that the next time could be your last.  If you are good with that then your made for this country!  They have no idea what planning or standards or what regulations are for.  Lastly, that has only been my experience.  Still waiting to be proven wrong.

JRP55

You are absolutely right just go with the flow and stay outta trouble,after 30 days you know your illegal in this country I recommend not driving after the 30th day God forbid you have an accident and hurt or kill someone you will pay dearly get legal and get your residency

windeguy

JRP55 wrote:

You can only apply for 2 month visa In your home country


A 2 month visa from the home country has not possible from a country that enters on a tourist card, like the USA or Canada. Unless something has changed.  For those people  the tourist card  is for 30 days. 

People from tourist card countries can try to get an extension by visiting migracion.  It is not easy to do at all. The vast majority will never attempt to do so.

JRP55

Yes it was POP

JRP55

That is not true I applied for 60 day visa at Dominican consulate in NY it took 11 days to receive the cost was about 400 US,you must pay for FBI background check,pay for all your documents to be translated in Spanish and then pay to have them appostiled

windeguy

JRP55, it would be interesting to know why your friend was singled out when on the same flight there were almost certainly other tourists that have overstayed previously in line with him.

planner

Was that the  60 day residencia application visa,  a business visa,  a student visa?

US 400 PLUS the cost of all those documents.....  for  a 2 months tourist visa, I think not.

windeguy

JRP55 wrote:

That is not true I applied for 60 day visa at Dominican consulate in NY it took 11 days to receive the cost was about 400 US,you must pay for FBI background check,pay for all your documents to be translated in Spanish and then pay to have them appostiled


Most people would never do all of that.  Going to the DR Consulate,  apostiles to FBI documents,  paying $400, etc.  I have never heard of anyone doing that previously just to visit the DR for 60 days.

It sounds you you applied for a DR residency visa which starts in the DR Embassy in your home country and then  you have 60 days to start DR residency after you enter the DR. That is my guess.

What exactly was the visa called that you got?

JRP55

Residencia application visa

JRP55

The weird thing is the residency took me 4 and a half months the Visa is only good for 2 months so I was illegal in this country for 2 and a half months they know you can't get your residency within that 60 day visa time frame

windeguy

The DR government does not think the system is badly broken, or they would fix it.
They set up the exit fees as an administrative work around for those that overstay. There is no legal basis for those overstays. Because they did that, it puts people in legal limbo and that is simply a side effect.

The problem with illegal Haitians overshadows any current concerns about snowbirds. The number of short term visitors who stay less than a month greatly exceeds any importance placed on the small number of snowbirds.

Snowbirds are a VERY MINOR number of people compared to the 11 million short term tourists who visit the DR for week or two at time. If you are a Snowbird, you might think otherwise, but you are hardly on the radar of the DR government in Santo Domingo. Or, guess what,  there would already be a snowbird 6 month visa.

JRP55

Update on cost of my first residency renewal this friends attorney said he would do it for 300 US plus immigration fees of 16500 pesos total cost for residency and cedula about 650 US this time residency and cedula are good for 2 years

windeguy

JRP55 wrote:

Residencia application visa


Thanks. That is what I thought.  It is not something a visitor is going to apply for.  As far as I know, there is no way for a visitor from a tourist card country to request a longer TOURIST visa period from their home country. That would be the snowbird type of visa that currently does not exist.

And yes, I understand that with Residency Visa it can take longer to process your residency than the two month validity of the visa. The point is that with that Residency Visa, you have two months to start the residency process.   As long as you started your residency before two months expires, you are "in the system".

ducketts

That's true for DR.  However not true for US or Oz or many other countries.  If I want a 3 or 6 months visa to Oz, I just apply on line.  The result is almost instant.

They really need to change their approach.  If they want more visitors to spend money they need to open up their system, albeit controlled.

JRP55

Ok so those 2 and a half months I thought I was illegal I really wasn't so I was sweating for nothing

JRP55

No idea just the luck of the draw I guess

windeguy

ducketts wrote:

That's true for DR.  However not true for US or Oz or many other countries.  If I want a 3 or 6 months visa to Oz, I just apply on line.  The result is almost instant.

They really need to change their approach.  If they want more visitors to spend money they need to open up their system, albeit controlled.


What we think really does not matter. We are not going to force them to change their approach.  That is obvious since I have been watching this situation for 16 years now.

As I mentioned,  snowbirds are such a small part of the equation that there is little focus to change the system. It is talked about, and then nothing is done.  Pay the exit fee and leave while being at some risk for overstaying is the current situation. Maybe some day it will change, but with history as a guide, there is little motivation to change it.

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