Argentina: Stricter Immigration Regulations Implemented
New immigration rules were introduced with the goal of countering international organized crime and expediting immigration proceedings. Key components of the new rules include enabling the National Immigration Service to cancel permanent or temporary residency on the grounds of certain criminal convictions abroad and an expedited removal process for cases involving criminal activity, among other rules. Additionally, the change will likely result in stricter interpretation of the rules regarding minimum physical presence requirements.
New immigration rules were introduced with the goal of countering international organized crime and expediting immigration proceedings.
The main changes effected by the new rules include:
• Enabling the National Immigration Service to cancel (and consequently order the removal of those holding) permanent or temporary residency on the grounds of criminal convictions abroad for particularly serious crimes or crimes punished by imprisonment, even when pending final judgement;
• Temporary Residence holders will automatically lose their residence if they spend more than 50% of the residence visa's duration outside of Argentina. Permanent Residence holders will automatically lose their residence if they remain outside Argentina for more than two consecutive years;
• Restricting entry for foreign nationals serving sentences or holding criminal records in other countries;
• Creating an expedited removal process for cases involving criminal activity; and
• Increasing the post-removal inadmissibility terms to eight years for malicious crimes and five years for negligent crimes. Previously, the minimum was five years; the maximum was not determined; and the term of inadmissibility could be extended depending on the severity of the crime.
What This Means for Employers and Foreign Nationals
Foreign nationals should be aware of the new rules and should consult their immigration professional if they are affected. Fragomen recommends that Temporary and Permanent Residence holders strictly monitor their time outside of Argentina.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to email@example.com.