Question for Fabio Guzman

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retiree

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Jan 18, 2008
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With reference to Immigration Law (and not current implementation policy whatever that may be), what is the status and legal rights, if any, of ‘tourists’ who overstay?

Do they have a legal right to remain in the country because an overstay fee exists?

What is the legal basis for the overstay fee? It can be found explained on the DGII website but is not shown on the new DGM website now.

What are the possible sanctions for tourists who do overstay?

There are many other related questions but a response to these few could guide some posters who are here for 3 or 4 months in the winter, whether for one time or regularly over several years.

And there are many who stay for longer periods without a clear understanding of their status.
 
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Ron Anjero

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Aug 8, 2013
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I am interested to read the responses. And yes there are many other related questions. My understanding is that I am an illegal.
 
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suarezn

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Feb 3, 2002
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I'll let Mr. Guzman answer with more substance, but even though we all know The DR rarely ever enforces its immigration rules (except maybe against Haitian immigrants) my understanding is that by law your overstay is illegal and in theory you could be deported.

Here's an excerpt from the page of another law firm:

De igual manera ordenará la deportación en los siguientes casos: cuando el extranjero haya ingresado clandestinamente y permaneciere de forma ilegal; cuando haya obtenido su entrada o permanencia mediante la presentación de documentos falsos; cuando permaneciera en el país una vez vencido el plazo de permanencia autorizada; cuando cancelada su permanencia y no abandonara el país en el plazo pautado, entre otros .

In practice this means nothing unless you're on some kind of Interpol list. If you're worried about it and you spend enough time in The DR you can always just go through the residence process.
 
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AnnaC

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Jan 2, 2002
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suarezn said:
I'll let Mr. Guzman answer with more substance, but even though we all know The DR rarely ever enforces its immigration rules (except maybe against Haitian immigrants) my understanding is that by law your overstay is illegal and in theory you could be deported.

Here's an excerpt from the page of another law firm:

De igual manera ordenará la deportación en los siguientes casos: cuando el extranjero haya ingresado clandestinamente y permaneciere de forma ilegal; cuando haya obtenido su entrada o permanencia mediante la presentación de documentos falsos; cuando permaneciera en el país una vez vencido el plazo de permanencia autorizada; cuando cancelada su permanencia y no abandonara el país en el plazo pautado, entre otros .

In practice this means nothing unless you're on some kind of Interpol list. If you're worried about it and you spend enough time in The DR you can always just go through the residence process.
Click to expand...

You need to catch up. All hell broke loose yesterday. http://dr1.com/forums/showthread.php/160650-Gringo-Round-Up-in-Sosua
 
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windeguy

Platinum
Jul 10, 2004
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Indeed. Things changed and there are new rules about staying longer than 30 days as a visitor. Do read the thread on that pointed out in post 4 above.
 
Cdn_Gringo

Cdn_Gringo

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Apr 29, 2014
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This misunderstanding stems from the differing definition of what "could means. To some, "could" seems to mean "will". To others, "could" just means "could". To others still, "could", means "could", but this definition is not applicable to them.
 
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suarezn

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Feb 3, 2002
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Off topic removed.

You know better than that...
 
Last edited by a moderator:
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windeguy

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Jul 10, 2004
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suarezn said:
I didn't read that thread...but..but how can that be? Jd246 told me in another thread that I didn't know what I was talking about when I said the government COULD deport you if they felt like if you overstayed your visa.
Click to expand...

There is, as these things often go, a lot of misinformation being disseminated even by prominent Dominican Lawyers about the recent and on-going actions of the DGM. Please read the thread about it. No need to duplicate that information here.
 
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Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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Under laws 199-67 and 285-05, a tourist card allows non-Dominicans (or aliens in American legal parlance) entry into the Dominican Republic, for 30 days, for the purpose of “rest, relaxation, rest or entertainment,” on condition that they have the funds required for those activities.

Legally, the tourist who wishes to stay for more than 30 days must obtain an extension from the Immigration Department. Without the extension, any tourist that overstays the 30-day period is an illegal alien subject to deportation under Article 121-3 of Law 285-05.

The penalty for overstaying is an administrative aberration that cannot and does not amend or affect the letter of the law.
 
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Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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Under laws 199-67 and 285-05, a tourist card allows non-Dominicans (or "aliens" in American legal parlance) entry into the Dominican Republic, for 30 days, for the purpose of “rest, relaxation, rest or entertainment,” on condition that they have the funds required for those activities.

Legally, the tourist who wishes to stay for more than 30 days must obtain an extension from the Immigration Department. Without the extension, any tourist that overstays the 30-day period is an illegal alien subject to deportation under Article 121-3 of Law 285-05.

The penalty for overstaying is an administrative aberration that cannot and does not amend or affect the letter of the law.
 
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ju10prd

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Nov 19, 2014
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Fabio J. Guzman said:
Under laws 199-67 and 285-05, a tourist card allows non-Dominicans (or "aliens" in American legal parlance) entry into the Dominican Republic, for 30 days, for the purpose of “rest, relaxation, rest or entertainment,” on condition that they have the funds required for those activities.

Legally, the tourist who wishes to stay for more than 30 days must obtain an extension from the Immigration Department. Without the extension, any tourist that overstays the 30-day period is an illegal alien subject to deportation under Article 121-3 of Law 285-05.

The penalty for overstaying is an administrative aberration that cannot and does not amend or affect the letter of the law.
Click to expand...

Is this a numerical typing error 285-05?

DGM post on their website that their legal base laws are:

https://www.migracion.gob.do/Trans/List/2

Thank you for this post.
 
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Matilda

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Sep 13, 2006
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Yes typo. The immigration law is 285-04 (27 August 2004).

I love the term "administrative aberration". My life is full of those! Gives new meaning to the term AA.

Matilda
 
R

retiree

Bronze
Jan 18, 2008
978
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Thanks Fabio. Since migracion is not extending the tourist card, good to know no one can stay longer than 30 days. Despite what the embassies and consulates say.
 
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cjewell

Bronze
Oct 11, 2004
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I have follow up questions for Mr. Guzman.

1) Where does one go to extend their Tourist Card in Santo Domingo - do you know the offices address, is there a web page? What are the requirements?
2) If you didn't want to go to Santo Domingo, what would your fee/cost be for your firm to handle the Tourist Card extension for someone wanting to extend?
3) If you extend your Tourist card does this mean when you leave you do not have to pay exit fees?
4) Can you go to Santo Domingo before the card expires - or - do you have to wait until the 31st day?
5) How long does the whole process take?

Thank you
 
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Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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DGM (Dirección General de Migración) is where you can go to get an extension. Frankly, I'm told that DGM doesn't have any rules in place to grant extensions and act on a case by case basis. For a quote on this services by Guzmán Ariza, please write to info@drlawyer.com. Of course, if you extend your tourist card you don't have to pay an exit fee.
 
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