Getting deported from Costa Rica can be a terrifying experience, but it can be managed with skilled legal representation.

Deportation is one of the most potentially worrisome situations for foreigners residing in Costa Rica. The forcible removal of a person from one nation to another is a very upsetting condition that leaves individuals completely powerless over their own lives.

The most important fact about deportation in Costa Rica is that, unlike other jurisdictions, it does not necessarily require a judicial writ. A deportation order can be issued by the Office of the Immigration Directorate, and it can be immediately executed by the Immigration Police or other law enforcement agencies. In some cases, however, foreigners in Costa Rica may have an opportunity to avoid the issuance of a deportation order or to appeal it.

The Immigration Directorate explains four situations that may lead to deportation from Costa Rica:

1 – Illegally entering Costa Rica

2 – Carrying falsified identification documents or fake passport stamps

3 – Illegal permanence in the country; for example, perpetual tourists who overstay their 90-day visa.

4 – Foreigners who have been verbally told to leave the country in lieu of deportation and do not heed the order (this is very common).

Deportation from Costa Rica generally means not being able to enter the country for five years unless the Immigration Directorate enters an exception.

How to Stop Getting Deported from Costa Rica

The easiest way to avoid getting deported from Costa Rica is to avoid falling into an irregular situation. For example, it is very easy for perpetual tourists to fall behind on their visa runs; this is something that can be avoided by pursuing residency under the various options available. Once an application for residency has been submitted, deportation is very unlikely unless the application is denied.

There are two other situations that may incite deportation in Costa Rica. Foreigners who are found by Immigration Police to be working illegally in the country may see their passports confiscated. When this happens, the best course of action is to immediately contact the Law Office of Immigration Experts so that attorneys can file a petition to recover the passport and to formulate a strategy to stop deportation. Depending on the circumstances, Immigration Experts may be able to convince the Directorate that the foreigner qualifies for residency; at this point, the passport may be returned and the individual may be asked to exit and re-enter the country for the purpose of legalizing his or her permanence before filing a residency application.

Immigration rules have become more rigid in recent years with regard to overstaying tourist visas. It only takes an overstay of a single day for a deportation process to begin, and the five-year bar on reentry could apply even to those who have investments in the country. Direct familial ties (spouses and children) who have legal status in Costa Rica can help to stop removal from the country.

According to the Immigration Experts, a person who has been deported can actually apply for residency even if they have already been removed and barred from reentry. In other words, if a foreigner has previously and legally stayed in Costa Rica for six months, or has retirement income of at least $1,000 per month, or investment income of $2,500 per month, he or she is entitled to apply for residency even after being deported.

When a petition for residency is accepted for a deported individual, the bar on reentry is lifted. The same goes for someone who is detained in Costa Rica and is facing deportation: acceptance of a complete residency petition would grant legal permanence and would forgive prior tourist visa violations. Another important issue to remember is that a residency application package is impervious to changes in immigration laws, which means that the case files are grandfathered.

For more information about legal residency and other immigration issues in Costa Rica, please contact:

Immigration Experts Costa Rica:

San Jose

• Tel: (506) 2290.8050 / 2290.2794
• Fax: (506) 2290.8055
• Address: Sabana Oeste, San Jose, Costa Rica. P.O. BOX: 226-1200
• [email protected]

Tamarindo Beach: (506) 2653.0050

Playas del Coco: (506) 2670.2021