Next minister of Interior & Police says government will apply the law

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slowmo

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Aug 1, 2016
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The 30 day tourist visa is the worst deal for me compared to all the competition from other countries for a guy like me. The overstay fines are the best deal compared to all the competition from other countries. I am more interested in how laws are implemented than how they are written. Time will tell.
 

johne

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Jun 28, 2003
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Some people obviously do not want to understand by taking the time to read the DR immigration law , which has NO mention of overstay fees, and also the link I posted to the DR Migracion web site about the overstay fees which explains how paying them does not make an overstay legal, so here is a real world example you might be able to relate to:

If you pay to park for one hour and you leave your car parked for one hour and one minute, for how long is your car parked illegally?
The government keeps track of how long you stay and will make you pay for that extra minute. Perhaps you leave the car for a long time and the
charges add up. Then you eventually pay the money for that overparking. Was your car legally parked for that one minute after that one hour? Did paying the parking fine make your entire time of parking legal?

The vast majority of people who enter the DR who are not already on the island of Hispaniola arrive using a tourist card they paid for in their flight cost which allows them to stay legally for 30 days. (Why do you think they put a time limit on that? Hmm, could be because you are illegal if you stay longer, no?) If they stay for 31 days for how many days were they illegal? If they stay even longer than 1 day there is a fee schedule and the charges add up. When those people leave the DR, they pay money for that overstay. Were they legally in the DR after 30 days? Does the paying of money when they leave make the entire time they stayed in the DR legal?

I understand the scenarios are not exactly equivalent because the amounts paid for overparking are part of the laws, while the amount paid for overstaying in the DR are not part of the laws. To answer your question, a person who arrives on a tourist card for 30 days and takes no other action to be legal is illegal on day 31 and all subsequent days.
Last para answers my question. Illegal AFTER 30 DAYS. BTW the other 3 paragraphs are an attempt to explain: I don't know what. I have very good reading comprehensions skills and my comment was in regards to your statement of 30 day visa and you're illegal. Windy, I'm sorry I don't have he time to discuss this over the weekend as I am preparing to leave the states.
Feel free too hammer away at your point, but suggesting "they don't understand because they don't take he time to read " is a weak argument in a debate. Just saying," believe half of what you read and nothing your hear" is applicable on this forum board IMHO.
 

windeguy

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Here is the response from DR1's own lawyer, Dr. Fabio Guzman on the overstay fees for those who still doubt that they are outside the law.
The extension is something virtually nobody is going to do, requiring a medical tests, trips to Santo Domingo and more just to get another 30 days.


I put the most important part of Dr. Guzman's response in red and bold and a bit larger font for the hard of seeing:

Feb 11, 2017

"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.

Expand Signature
Fabio J. Guzman Ariza
Guzman Ariza
Attorneys-at-Law
Santo Domingo, Bavaro (Punta Cana), La Romana, Casa de Campo, Sosúa, Cabrera, Samaná and Las Terrenas
Dominican Republic

mailto:info@drlawyer.com



Here is the thread for that post:
https://dr1.com/forums/threads/question-for-fabio-guzman.121721/ "

Are there still doubts about the legal status of those entering on a tourist card and staying for more than 30 days?
 

NanSanPedro

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I agree 100 % DR needs all the help it can get... can you image if they deport all the over stayers there would be no one here ....who is going to finish building all the projects if they deport all the Haitians ... what about all the VZ .... just don't see it happening...

If they deported all the illegal Haitians (God forbid), then would not the Dominicans do the work for more $?
 
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windeguy

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Last para answers my question. Illegal AFTER 30 DAYS. BTW the other 3 paragraphs are an attempt to explain: I don't know what. I have very good reading comprehensions skills and my comment was in regards to your statement of 30 day visa and you're illegal. Windy, I'm sorry I don't have he time to discuss this over the weekend as I am preparing to leave the states.
Feel free too hammer away at your point, but suggesting "they don't understand because they don't take he time to read " is a weak argument in a debate. Just saying," believe half of what you read and nothing your hear" is applicable on this forum board IMHO.

There are many others that are "hard of seeing", so that explanation was for them.

I am glad to see you understand a person on a tourist card is an illegal alien after 30 days.
I reposted Dr. Guzman's actual response to this question on DR 1 above in post 64 .
Dr. Guzman even mentions the very same immigration law as in the original post and clearly describes the
exit fees as (and I quote), "an administrative aberration that cannot and does not amend or affect the letter of the law."
 

NanSanPedro

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They need to figure out what to do about snowbirds. Most i know will not go through the residency process. There are many other warm places ready to accept snowbirds. The DR and the people will lose money.

I would do it tomorrow if they made it make sense. I'm still waiting for the Chicago consulate to respond to me. They appear lost.
 
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windeguy

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They need to figure out what to do about snowbirds. Most i know will not go through the residency process. There are many other warm places ready to accept snowbirds. The DR and the people will lose money.
They really do need to address this. But the problem has been it was a very low priority for the PLD administration.
I have no idea if the PRM will do anything about a snowbird visa. None of them seem to care what I think.
 
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Bundel2014

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Wasn't that Sosua. Wasn't that part of some sting and hustle operation. A particular business owner on Clisante
The one that made national news,CNN,Communist News Network,was in your neck of the woods,A bride on her honeymoon was arrested,while on the beach,Id in her room,put on a bus,then transported to Puerto Plata.
 

windeguy

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If they deported all the illegal Haitians (God forbid), then would not the Dominicans do the work for more $?
They deport illegal Haitians all of the time. CV19 has seemed to slowed down the deportation process, but there are many notices on the Migracion web site of those deportations. Here is the last one from the Migracion web site and there are many such notices of Haitian deportations:


Someone always points out who would do the work if Haitians didn't do it. And there is something to that point.
Yet most Haitians are illegal and it is quite the effort to deport them all. Then they just come back.

As for the actual enforcement of migration laws for everyone else, do gringos with money actually think they should be privileged?
Or should they actually follow the laws?
 

NanSanPedro

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They deport illegal Haitians all of the time. CV19 has seemed to slowed down the deportation process, but there are many notices on the Migracion web site of those deportations. Here is the last one from the Migracion web site and there are many such notices of Haitian deportations:


Someone always points out who would do the work if Haitians didn't do it. And there is something to that point.
Yet most Haitians are illegal and it is quite the effort to deport them all. Then they just come back.

As for the actual enforcement of migration laws for everyone else, do gringos with money actually think they should be privileged?
Or should they actually follow the laws?

I don't think we feel we're privileged. However we need a process that's workable. Perhaps my asking the Chicago consulate to answer an email is too much. I would have thought not.
 

windeguy

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I would do it tomorrow if they made it make sense. I'm still waiting for the Chicago consulate to respond to me. They appear lost.
Now you know why I finally opted for citizenship. Good luck with getting that special visa so you can enter the DR and apply for residency. It should be simple. Email is not a strong point for such people to respond, I have learned that the hard way.
 

windeguy

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I don't think we feel we're privileged. However we need a process that's workable. Perhaps my asking the Chicago consulate to answer an email is too much. I would have thought not.
Whatsapp or calling them is recommended.
 

Jan

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Can't non-residents go to the migration office and renew their visa there before it expires? That way they would be legal. It's not wrong for DR to want to know who is residing in or visiting their country. Some people have told me in the past that this is what they do to be here legally.
 

CristoRey

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Yes I have my folding lawn chair and popcorn ready to watch the next Gringo roundup go by in a hot bus with bars on the windows.
Tourism is on a ventilator now, but they just need a couple more nails to seal the coffin.
I do not anticipate any real changes anytime soon.
According to the latest figures there's been a slight
drop in tourist this year. The numbers are down by 75%.
Source: Dominican Today
 
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CristoRey

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This article goes into it more. It addresses paying the police more money so they are proud to wear the uniform and exact the immigration laws.

It addresses getting illegal guns off the streets.

So maybe more road stops where they are looking for illegals(Haitians), guns and drugs.

Abinader is all about the mighty Tourismo dollar as well.

Again, this has ZERO to do with the overstay fee.


My take away from this article.?
This guy's eyes are way bigger than his stomach.
He would have to start by firing several bad actors
within the PN of which there are many. The best
way to fight crime is with education and jobs, not
by telling people they need to start acting differently.
This will go down like a brick in the ocean.
 
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Ecoman1949

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Can't non-residents go to the migration office and renew their visa there before it expires? That way they would be legal. It's not wrong for DR to want to know who is residing in or visiting their country. Some people have told me in the past that this is what they do to be here legally.
For many years people arriving by private yachts in Luperon simply checked in with the port captain, paid their first month fee and the following months with the captain. Russ used to drop in to his office and have his monthly fees paid there as well. The Marine authority had the best system. They stopped renewing visas for landlubbers. They still do it for sailors. The visa solution is staring the new government in the face. Hopefully they can see it and the benefits that would arise from such a system. Like other posters, If the pensioner residency was easy for people like me I would start the process tomorrow.
 
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johne

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I understand you understand. Others don't seem to.
This " not understanding" is a common tread that runs thru you and argument concerning the interpretation. That is certainly your privilege. Since you are now a citizen of the DR I'm sure you have your new country's health and welfare being held close to your heart. I admire that as well. Along with being a citizen is the responsibility that you try to uphold the law of the land. Go for it Popi and I hope you make a difference in clearing up the fine points of the law.
You're doing good and I await news on any new developments concerning this issue. I'm just a tourist. . but interested
 

Travelbear18

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Sep 23, 2018
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I am a legal resident since 2006 and always was in favor of long term visitors to legalize formally but I am against suddenly enforcing the law and somehow surprising current overstayers without some kind of warning officially and with a reasonable period to maybe leave the country and come back or apply for residency. And I would be in favor of them offering an easy process now. I think the country needs them.

It would be so much easier for the government to issue a six month visa. Money could be easily collected as cash when leaving at the overstay desk is much harder to track. A six month tourist Visa in my opinion would create a good revenue source for the govt
 
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