Tourist visa extension and return flight

[windeguy]

Do not argue with me, argue with the immigration lawyers.
I am no lawyer and have no intention to be one. For all I know there might be additions/changes to the law.

I do not understand why you do not take your arguments to the correct Legal thread where the lawyers read and can comment/answer.

I did do that. And it was answered. Yet people do not wish to believe the answer because the "they always paid their exit fees" and "never had any issues".

Dr Guzman of Guzman Ariza already posted on DR1 that DR law states that a tourist card is valid for 30 days and that any payment for extensions is a legal aberration, ( a work around) of the law. That is why I do not need to ask again.

 

[Cdn_Gringo]

I think the big difference here is that The Director General of immigration is giving you a paper that states you may remain in the country for a period of time exceeding the initial 30 days. The legality of DGM to issue these permissions would need to be decided by an immigration court. No one will challenge the extensions so there will probably never be a ruling on their validity under the law. For the tourist, having a piece of paper saying they are legal is as good as being legal in the eyes of the officials who may interact with these long staying tourists. Unlike the old system where overstayers just paid the fee/fine when the left and had nothing to show for the entire time they were in the country beyond the initial 30 days. At least now if anyone was to ask a tourist can pull out their permission slip if they choose to get one.

 

[windeguy]

The penalty for overstaying is an administrative aberration that cannot and does not amend or affect the letter of the law.
Fabio J. Guzman
Guzman Ariza
Attorneys-at-Law
Sosua, Santo Domingo, San Francisco de Macoris, Cabrera
Las Terrenas, Samana, Bavaro (Punta Cana) and La Romana
Dominican Republic

 

[windeguy]

I think the big difference here is that The Director General of immigration is giving you a paper that states you may remain in the country for a period of time exceeding the initial 30 days. The legality of DGM to issue these permissions would need to be decided by an immigration court. No one will challenge the extensions so there will probably never be a ruling on their validity under the law. For the tourist, having a piece of paper saying they are legal is as good as being legal in the eyes of the officials who may interact with these long staying tourists. Unlike the old system where overstayers just paid the fee/fine when the left and had nothing to show for the entire time they were in the country beyond the initial 30 days. At least now if anyone was to ask a tourist can pull out their permission slip if they choose to get one.

I do not disagree. It would be better if the laws and the practices were in agreement.
I know, this is the DR and that is an unreasonable expectation.

 

[Caonabo]

The penalty for overstaying is an administrative aberration that cannot and does not amend or affect the letter of the law.
Fabio J. Guzman
Guzman Ariza
Attorneys-at-Law
Sosua, Santo Domingo, San Francisco de Macoris, Cabrera
Las Terrenas, Samana, Bavaro (Punta Cana) and La Romana
Dominican Republic

But was this not stated BEFORE the new extension program was put in place?

 

[windeguy]

A blast from the past on this topic. The doubt and skepticism remain the same today as they were then:

DR will require visas for visitors who overstay

The French Embassy has warned French visitors to the Dominican Republic that DR immigration authorities will require a visa from visitors who could normally enter the country with a tourist card but have overstayed the 30-day limit in their previous visit...

dr1.com

 

[windeguy]

But was this not stated BEFORE the new extension program was put in place?

That would only matter if the new extension program were part of DR laws. DR Immigration laws were written in 2004 by the PRM. The new head of the MIP mentioned that they were being ignored by the PLD for 16 years. What we see is the ignoring of that law which continues at DGM.

 

[Caonabo]

That would only matter if the new extension program were part of DR laws.

I understand, to a degree, your angst over the prior 30 day tourist card system, and the legality of those who chose to pay overstay fees. Understand, but not necessarily agree, as I can read, and have read your positioning regarding the matter....at length.
But, are you now also questioning the legality of the NEW extension policy that has been put into place as well?

 

[drstock]

Do not argue with me, argue with the immigration lawyers.
I am no lawyer and have no intention to be one. For all I know there might be additions/changes to the law.

I do not understand why you do not take your arguments to the correct Legal thread where the lawyers read and can comment/answer.

Welcome back to DR1, vecino. Windeguy has been making the same point endlessly for years, and he may well be right according to the letter of the law. However, we all know what the real situation is regarding overstaying and extending tourist visas and most of us (and, it seems the immigration authorities) are quite content to live with the situation as it is.

 

[william webster]

Migration will repatriate the undocumented

https://eldia.com.do/migracion-repatria … umentados/

The Director General of Migration, Enrique García, assured that as of next week they will begin to repatriate all undocumented people.

"Anyone who does not have a legal instrument, be it temporary residence, permanent residence or citizenship, will have to leave the Dominican territory," Garcia said.

The head of Migration said that since last March, when the coronavirus pandemic began in the country, operations to deport illegal citizens were paralyzed.

"Starting next week, the repatriations of Haitian citizens who are in illegal conditions in the country will begin," he explained.

The official said that they will enforce the Migration Law, the migration regulations and the Constitution of the Republic.

He also recognized that the main problem at the borders is controlling illegal immigrants.

Regarding the number of people in illegal conditions in the country, he said that it is difficult to calculate it because it is illegal, "we cannot count them." The director general also warned that Venezuelans who are not legalized or in legal immigration process in the country will be repatriated to their nation.

Emphasis

—1— Decision They will
not legalize people who remain in the country irregularly.
—2— Moving
Foreigners will have to regularize their immigration status or they will leave the country.
—3— Mystery
It is not known exactly how many people live illegally in the country.

 

[Caonabo]

 

[william webster]

Don't let it frighten you - I'm sure you're legal - have legal status in some form

Seems when these boys say something - they mean it

Vamos a ver

 

[Caonabo]

Don't let it frighten you - I'm sure you're legal - have legal status in some form

Seems when these boys say something - they mean it

Vamos a ver

Birth offers me some form of legal status, and a few protections.
It also saves me pesos when I travel.
Part of getting Dominicans back to work, will be sending those that do not belong here (Haitian/Venezuelan/Canadian) back to their proper homes.
Those here legally, are always welcome.

 

[william webster]

I would still shore up that birth idea with some sort of legal status

Nobody can say / predict what WILL happen...
but one thing for sure....SOMETHING is going on.... it's Not nothing here.

How strident they will be remains to be soon

 

[johne]

That would only matter if the new extension program were part of DR laws. DR Immigration laws were written in 2004 by the PRM. The new head of the MIP mentioned that they were being ignored by the PLD for 16 years. What we see is the ignoring of that law which continues at DGM.

Consider the following and perhaps you will see what seems to be a big problem for you from another point of view.
When one obeys THE LETTER of the law but not THE SPIRIT one is obeying the literal translation of the words (THE LETTER OF THE LAW,) BUT not necessarily the INTENT of those who wrote the law.The letter of the law is what the law states, the spirit is a social and moral CONCENSUS OF THE INTERPERTATION.
Attribution: Wiki
As others have stated , I too can't see the horse you have in this race other than as a new citizen of the DR you want to hold up to the LETTER OF THE LAW, that is IF it is the law. And that is up fo debate.

 

[Caonabo]

I would still shore up that birth idea with some sort of legal status

Nobody can say / predict what WILL happen...
but one thing for sure....SOMETHING is going on.... it's Not nothing here.

How strident they will be remains to be soon

Being born within Barahona, RD (a few moons ago), possessing an RD certificado de nacimiento, and an RD cedula does not provide me with sufficient legal status? After all these years, who knew?
Perhaps I should carry along a case of old photos.

 

[Andre14615]

Migration will repatriate the undocumented

https://eldia.com.do/migracion-repatria … umentados/

The Director General of Migration, Enrique García, assured that as of next week they will begin to repatriate all undocumented people.

"Anyone who does not have a legal instrument, be it temporary residence, permanent residence or citizenship, will have to leave the Dominican territory," Garcia said.

The head of Migration said that since last March, when the coronavirus pandemic began in the country, operations to deport illegal citizens were paralyzed.

"Starting next week, the repatriations of Haitian citizens who are in illegal conditions in the country will begin," he explained.

The official said that they will enforce the Migration Law, the migration regulations and the Constitution of the Republic.

He also recognized that the main problem at the borders is controlling illegal immigrants.

Regarding the number of people in illegal conditions in the country, he said that it is difficult to calculate it because it is illegal, "we cannot count them." The director general also warned that Venezuelans who are not legalized or in legal immigration process in the country will be repatriated to their nation.

Emphasis

—1— Decision They will
not legalize people who remain in the country irregularly.
—2— Moving
Foreigners will have to regularize their immigration status or they will leave the country.
—3— Mystery
It is not known exactly how many people live illegally in the country.

This clearly singled out Haitians and Venezuelans...you know the super poor folks

Thanks for the article ww

 

[Dawiky502]

This clearly singled out Haitians and Venezuelans...you know the super poor folks

Thanks for the article ww

There is another article in Diario Libre that states they will be deporting Haitians and for venezuelans they are trying to find alternatives since they come with "tourist visas and stay".

Migración informa iniciarán deportaciones de haitianos indocumentados

Enrique García admitió que los problemas fronterizos del mundo entero no son fáciles de controlar, pero sí se pueden minimizar los impactos del cruce ilegal

www.diariolibre.com

maybe they finally let people do the residency process without the residence visa which is what venezuelan are asking for.

 

[GusFring]

It is not an opinion that this is not legal. It is simply not based in any immigration laws.

There is no legal basis in Dominican immigration law for this payment of fees to be legal. Please read the Dominicain immigration law. It is very clear that anyone coming into the DR on a tourist card is illegal after 30 days. The payment of such a fee does not make it legal if you pay it before , after or in another dimension of space time.

Correct. The overstay fee is not part of immigration law. It stands alone so has nothing to do with the government enforcing the current immigration laws🤣

 

[GusFring]

invest 200k and get a cedula after one year. Done.