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Overstayed Tourist Visa - Fees during Pandemic 2020 airport Closed

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blake5377

Hi everybody!

So I haven't been back to brazil since last year in 2020 during the Pandemic closures. I was suppose to go to brazil for what was 2 weeks during the last days of Feb to mid March. When the pandemic hit and the country and airport closed until Mid June'ish. I got the first flight I could out of the country and the US embassy said should be no problem with extra fees that you over stayed your 90 day period since Covid times.
Fast forward a year later, as im talking to my immigration lawyer about steps to get my visa, saying that I have to pay the fees for staying extra days before continuing. They called the Fed. Police and Brazil Consulate said I can only make the payment myself when I land at the airport. Which for me sounds crazy how I cant pay online. And even crazier how they wont let the fees go since the airports were literally closed down. Now it seems they only went from 90 day entry to 50 something days within the pandemic... So the fees might be around 5k-6k Reais! Crazy!
Anybody has experience in this or ways to fight it orrr ways to even pay without even going to Brazil. Seems I cant process my visa until I take care of this, but I cannot go to Brazil till a month or 2 from now.

Thank you so much!

Texanbrazil

No, you have to enter and PF takes you to the cashier for payment of the fine. Personally, I would not trust the system for an electronic payment being entered. (May cause you issues on arrival ??)
They have to view your passport for all stamps.
Are you a US citizen? I so, you are under a waiver visa, and upon entry pay the fine.
Not sure what an immigration lawyer can do for you. PF has the final say as to any visa. What type of visa are you applying for?

boombop4477

In a similar situation, u can try to appeal,this has some success according to a PF agent,worse is that your fine will accrue interest. Sucks.

abthree

06/15/21

blake5377

When you approached the end of your first 90 days, did you go to the Federal Police to request an extension?

abthree

boombop4477 wrote:

In a similar situation, u can try to appeal,this has some success according to a PF agent,worse is that your fine will accrue interest. Sucks.


06/15/21

You can always try to appeal; it might even work, if the appeal has some basis other than simply "I don't wanna pay!", you're very nice about it, and you catch the agent on a good day.

But always arrive ready to pay, just in case.  ;)

blake5377

Hey! Thank you for this info... Err no way to pay before... And if it will build and build interest... Since lately theres no way I can even go back since then... Seems so unfair. I mean I technically dont have a visa just know that americans can stay 90 days no problem. So im curious how to fight it... Maybe in person they ll be more understanding but I doubt it.
Lets see!
Thank you!

blake5377

Sadly federal police was closed last year during this time. Only a few US consultants agents were working at their office. They said I won’t be charged extra.

abthree

blake5377 wrote:

Sadly federal police was closed last year during this time. Only a few US consultants agents were working at their office. They said I won’t be charged extra.


06/15/21

If you went to the PF office to try to renew, were turned away, and people working there told you that you wouldn't be charged, you may be able to get the fine waived.  Tell the agent the location of the office, and the date that you went there.   It's worth a try

boombop4477

My appeal was turned down,think max fine is 10k,it really sucks,on nov 3rd,it went to 90 days automatically, if u didnt extend,100r per day until u left,a good source is that some appeals worked

Texanbrazil

blake5377 wrote:

Hey! Thank you for this info... Err no way to pay before... And if it will build and build interest... Since lately theres no way I can even go back since then... Seems so unfair. I mean I technically dont have a visa just know that americans can stay 90 days no problem. So im curious how to fight it... Maybe in person they ll be more understanding but I doubt it.
Lets see!
Thank you!


Technically you do have a visa. The waiver is under the same rules and regulations of a paper visa attached to your passport. Once you enter and stamped it goes into the system. All it does is save you money.
Many parties do not know or read all the regs. Many from the EU/UK have the Esta program for the USA. Many enter and let's say do something that breaks a Fed or State law. The authorities enter a citation or even worse arrest into the system and your ESTA wavier is invalid and one can be barred from returning again under the waiver process. One must apply for a typical visa. which will show the past history and again the visa is denied.

rraypo

blake5377 wrote:

Hey! Thank you for this info... Err no way to pay before... And if it will build and build interest... Since lately theres no way I can even go back since then... Seems so unfair. I mean I technically dont have a visa just know that americans can stay 90 days no problem. So im curious how to fight it... Maybe in person they ll be more understanding but I doubt it.
Lets see!
Thank you!


Just food for thought, the visa system in Brazil is easier and much faster than in the USA; yes, the bureaucracy can be confusing. Remember, the USA still requires Brazilians to have a tourist visa, many of which are denied, to enter the USA as tourists and these tourists have not been allowed to enter the USA at all with the Covid pandemic. We have been trying for years to obtain a tourist visa for my 75-year old Brazilian mother-in-law to come to see us in the USA and that U.S. tourist visa has been continually denied for whatever unknown reason.
My wife and I are legal immigrants to the USA, and U.S. Citizens. Both of us went through the entire U.S. immigration process, from tourists, then "green cards" to Citizens. The U.S. Citizenship and Immigration Services, USCIS, has substantially more bureaucracy and is even more confusing, plus it can take years to become "legal" in the USA.  I am originally from Iceland, English is my second language and my wife's third. I also have my Vitem XI Visa and CRNM Permanent Residency in Brazil. The current Brazilian VITEM system is actually pretty clear-cut and well-defined when compared to the USA or to my original country of Iceland and Brazil no longer requires advance tourist visas for Americans, your entrance stamp is now your visa.

This is the current U.S. law regarding a person overstaying their tourist visa in the USA.

"If you overstay by 180 days or more (but less than one year), after you depart the U.S. you will be barred from reentering for three years. If you overstay by one year or more, after you depart the U.S., you will be barred from reentering the U.S. for ten years."

Link
https://www.hg.org/legal-articles/what- … ates-57979

From the NY Consulate web page on tourist visa policies:

"As a rule, Brazil's visa policy is based upon reciprocity, except for the citizens of the following countries, whose nationals are exempted from visit visas without reciprocity:

- Australia
- Canada
- Japan
- United States of America

Link
http://novayork.itamaraty.gov.br/en-us/ … ountry.xml

abthree

rraypo wrote:

As a rule, Brazil's visa policy is based upon reciprocity, except for the citizens of the following countries, whose nationals are exempted from visit visas without reciprocity:

- Australia
- Canada
- Japan
- United States of America


06/15/21

Brazil's policy has always been based on strict reciprocity; visa waiver was a Bolsonaro aberration, connected to his bromance with Trump and his so far unsuccessful effort to join the OECD.  I doubt that either the Foreign Ministry or the Justice Ministry is very happy with the results, and don't expect it to survive the Bolsonaro regime for long.

rraypo

While I too am no fan of the current President, it is interesting to note how some International media sources report on some of his practices.  Here is one from Reuters, (England) on the removal of the tourist visa and how that actually increased tourism to Brazil, something that does surprise me, quite a bit
.
https://www.reuters.com/article/us-braz … SKBN1ZU2EZ

boombop4477

Are you saying appeal on reentry?

Texanbrazil

Since your appeal was denied, you have the final judgement. You could hire a lawyer, but that would cost more than the fine and odds are not good overturning a migration issue.

boombop4477

POLICIA FEDERAL DISCREATION ON PENALTIES
I overstayed my tourist visa by 37 days in DEC.,I misunderstood the suspension regarding the pandemic.I subsequently appealed and lost.I get the impression that some agents are flexible.My questions are as follows
1)Could I negotiated my fine?
2)Do I have to bring a huge amount of reals?(to pay fine)
3)What happens if I have another appeal in progress?
4)What discreation,if any,is possible?

Texanbrazil

1) Unfortunately I see how negotiation could be done. The law and your denial are set.
2) You can pay by Credit card, US dollars, or reais. (maybe debit card)
3) Depends on what you are appealing.  Your overstay has been denied and appealed. The MJ has made its ruling. If the appeal is for something else it may not affect the denial
4} As to the fine, the review included discretion and Brazil gave all extra time.
The fine does accrue interest. Over time it could be a shock!

rraypo

boombop4477 wrote:

POLICIA FEDERAL DISCREATION ON PENALTIES
I overstayed my tourist visa by 37 days in DEC.,I misunderstood the suspension regarding the pandemic.I subsequently appealed and lost.I get the impression that some agents are flexible.My questions are as follows
1)Could I negotiated my fine?
2)Do I have to bring a huge amount of reals?(to pay fine)
3)What happens if I have another appeal in progress?
4)What discreation,if any,is possible?


------
When you arrive in Brazil, expect to pay the entire fine, with interest, at the airport prior to entering the country.  You can attempt to negotiate then and plead ignorance to what has occurred. You might get lucky doing this and in not offering up any extra information. 

As Texanbrazil stated, "Your overstay has been denied and appealed".  The waived pandemic days last year were pretty well-publicized, and I am sure that is how they are seeing it.

boombop4477

Thanks everyone, unfortunately i tried to be very deligent by visiting the PF at santos dumont,however they hire temp workers, non PF agents whom r responsible for giving wrong information, as in my case,im screwed i guess.

Drjmagic

boombop4477 wrote:

Thanks everyone . . .     . . . I'm screwed i guess.


Well, look at it this way: at least you didn't step on a landmine.

maleniecooks

Hello I am Nigerian by nationality and wants to visit Brazil for tourism. I will be visiting the city of São Paulo.
Please can somebody help me recommend a travel agent who can process an invitation letter. Thank you

Texanbrazil

maleniecooks,
An invitation letter would come from a relative, friend, or employer if approve.
A travel agent cannot do this.

maleniecooks

Please anyhow you can help

Texanbrazil

Sorry. I am not a member of your family. You would need a permanent resident to invite.

rraypo

maleniecooks wrote:

Hello I am Nigerian by nationality and wants to visit Brazil for tourism. I will be visiting the city of São Paulo.
Please can somebody help me recommend a travel agent who can process an invitation letter. Thank you


____
I would begin by contacting the Brazilian Consulate in Lagos, Nigeria if that is where you are currently living. The Consulate I work with has always been very helpful and quick to reply to emails.

http://lagos.itamaraty.gov.br/en-us/contact_us.xml

boombop4477

FINAL STRATEGY,OVERSTAY FINE
1)Dont volunteer any info.
2)Negotiate/Appeal Fines
3)Hope 4 best
This is based on,ongoing discussions on expat,thanks to all

maleniecooks

Thank you for the reply I really appreciate it and Yes I live in Lagos Nigeria, can we exchange contacts please?

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