15
Nov

An Entry Bar occurs when a country, by migratory port, limits its entry to a foreigner for diverse reasons. In the case of the Dominican Republic, this same definition applies, and the institution that deals with it is the General Direction of Migration (in Spanish: Dirección General de Migración).

This issue can arise from a very delicate situation, which we explain in detail.

When the Dominican Republic prevents someone from entering the country, the problem can become a little difficult to solve. This is because their country or the one that notified and warned the Dominican authority about their criminal record or legal situation decides to intervine. If it is the case, there are others that are not for this reason, and it is pointed out below.

There are convictions or crimes, that each country:

1. Will define its sensitivity; and,
2. If it applies or not to notify or register in international reports.

When international notifications are made, they always refer to countries you have traveled or may travel to in the future, as a preventive and informative way. When this happens, it is because:

“You have been convicted, you are under probation or, worse, you have a warrant for your arrest.”

There is the well-known International Criminal Police Organization – INTERPOL, and it is an intergovernmental body with 196 member countries. They help the police departments of these countries to collaborate with each other. To do so, they facilitate the exchange and access to information on crimes and criminals.

Another well-known and widely used international system is the Second-Generation Schengen Information System (SIS II).

The Second-Generation Schengen Information System (SIS II) is a large-scale database system that stores alerts on people and objects in connection with the control of the Schengen area, and is intended to ensure security in this environment.

The information can be accessed by authorities responsible for border controls, customs, law enforcement and visa issuing authorities.

The United States has several laws authorizing the publication online of individuals considered to be criminals, especially sex offenders. A notable example is Megan’s Law. As a result, it is very easy to access the records of people with this type of background.

Common cases reported:

1. Sexual Abuse – Sex Offenders. Mostly of minors.
2. Murder.
3. Human Trafficking, especially of children.
4. Weapons Trafficking.
5. Drug Trafficking.
6. Among others.

Is the impediment of entry into the Dominican Republic automatic?

No, not necessarily. In fact, immigration officials may or may not access an international report. This has something to do with the fate of each individual, unless there is a particular international arrest warrant alert.

IMPORTANT:

If you are detained, this can be for many reasons, such as:

1. Entering the country very frequently; and,
2. Because you were randomly selected at the time.

DO NOT LIE! It is worse if you deny any Criminal Record, because that will give rise to an ENTRY PROHIBITION FOR LYING and that is another very serious issue.

There are other reasons for being barred from entering the Dominican Republic:

1. You possess with you something that is prohibited in the Dominican Republic.
2. Purely and simply the discretion of the officer who assisted you ☹ .
3. You entered or attempted to enter through some port with false documents or illegally.

Determined by the case, it could be requested:

• The lifting of the entry bar into the Dominican Republic by means of a motivated request.
• The requirements or legal grounds for the request.

In criminal cases, generally, the support of the request for the lifting of the Entry Bar in the Dominican Republic must be accompanied by certain documents, including:

• Federal Criminal Record.
• Conviction Sentence.
• Certification of Fulfillment of Sentence.
• Proof of your reinsertion to society: Labor certification, business documents, volunteering; that is to say, that you are a person who has been integrated to society in an adequate manner, without committing any other crime.
• If you are married or have children, it is recommended to provide the civil certificates that prove it, as applicable
• Among other requirements, which will always depend on each case and profile.

In other cases, other than criminal matters, the lifting application process is easier.

In general, and definitive consideration:

1. It does not matter if you are married to a Dominican citizen, if you are listed as INADMISSIBLE, you will not enter.
2. No matter what you are told at the airport, the process must be complied with accordingly.
3. These are sensitive issues, and it is not only up to the Dominican Republic. It is advisable that you contact the authorities in your country, and validate if it applies to be removed from the bar list. This will depend on the type of criminal record and the legislation in force for the corresponding country. There are some countries that, for example, contemplate more years of penalty than others.
4. In cases of conviction for Rape – Child Abuse and Child Trafficking, the Dominican Republic, like many other countries, has zero tolerance to it; so, in that case, the probability of reversing that decision will be very low, taking some long and strenuous work, and will depend greatly on how the facts were given and the proper interpretation of the sentence. “There are cases and cases”.
5. Remember: It will not be mandatory for you to be able to enter the Dominican Republic. Each country has complete discretion in this regard. The last resort would be to go to international courts, if you understand that there has been a violation of law in the country and none of the entities, courts or tribunals, have adequately reviewed your case.

A case of Barred Entry in the Dominican Republic is extremely delicate; therefore, it should not be an option, but a decision, to consult with an attorney specialized in this area, either in your country of origin or in the Dominican Republic. This will allow you to be aware and evaluate your possible solutions to reverse this situation, as well as to be informed of your situation in the near future.

This article is focused on grounds for denial of entry based on criminal records, but in cases, for example, where the foreigner:

1. Has the same or a similar name as someone on a blacklist;
2. Has similar features to a blacklisted or wanted person;
3. Does not have a proper visa or passport with the necessary validity; and/or
4. The Immigration Officer said no, at their own discretion and without any basis for doing so (yes, that happens sometimes).

These last cases are much easier to solve. Depending on the case, it simply applies to:

• Make an update before the General Direction of Migration in the Department of Impediment, to update your data and avoid confusion at the airport in future trips; or,
• Apply for the appropriate visa, or renew your passport.

Once you are in Dominican territory (at the airport), it is sometimes possible to solve this problem; however, it will take some time, since you must proceed with several steps and validations. Similarly, if you have been denied entry, you can do everything outside the country, giving power of attorney to a specialist in the field who can represent you before the relevant authorities.

If you need more details, do not hesitate to contact us. In our law firm, Morillo Suriel Abogados – Attorneys At Law, we have a division specialized in Immigration Law – Foreigners. We invite you to consult us about this and any other issue related to this same area.