Brazil Visa Overstay Fine 100 reais day! Any way around this? HELP

Hey Team!

I’ve overstayed my visa and I was charged 9,100 Reais at the airport. I’ve had a WILD experience with this. I’m still in Rio trying to figure this all out……. Here’s my story, I hope I can receive some advice to help me resolve this situation and I also hope to share some of my own insights. I’m aware that as of 11/2017 the new fine is 100br/day overstayed.

I’m from the USA, I entered Brazil on December 18, 2017 on a student visa. I, mistakingly, believed that I was able to stay in Brazil for 180 days. I planned accordingly and I purchased a flight from Rio to Bogota, Colombia departing 6 months (180 days) later on June 18, 2018.

So, I got an apartment in Brazil, I’m in a relationship for 6 months and I have decided to stay longer. I arranged to apply for my student visa while in Bogota, Colombia. I enrolled in a language school here in Rio and I paid upfront the cost of 6 months tuition (~7,000 reais). I gathered all my necessary documents: proof of enrollment in a school, proof of payment, passport, FBI background check, proof of financial means, copy of birth certificate, etc.

I arrived to the airport on June 18 to fly to Bogota and I was notified at passport control that I overstayed my visa and that I would be fined 9.1k reais. I BEGGED the officers to please understand that it was an honest mistake (I know ignorance is not an excuse…however, it was worth a try). I showed them my documents-that I was going to Colombia to apply for my student visa, I showed them on my visa where it says I have 180 days per year (again, I was unaware that this is true however after 90 days I was supposed to leave the country and I could return for another 90 days), I showed them all the documents I would be presenting to the Brazilian embassy in Bogota…..

The officer showed no sympathy, she gave me the fine, and I went to board my flight to Bogota. Now, here’s another surprise….. at the boarding gate, I handed my boarding pass- it was scanned and then I was asked for proof of my yellow fever vaccination. I DID NOT HAVE IT. I had no idea I needed this to go to Colombia. Last year I worked in Colombia and I never had to show proof of this vaccine to enter. Nonetheless, I was not allowed on my flight, even after begging the Avianca attendant to let me on. I told her about what just happened at passport control: that I cannot return to Brazil without coming with a proper visa and that I would have to pay 9k reais when I do return. I also showed her all of my documents that I was going to take to the embassy to apply for my student visa. I literally begged her. I was denied. The plane left and I was at the airport in limbo.

Thankfully, this same lady, let’s call her Grace, told me she would help me find a solution. She presented me with the options of flying to Peru, Argentina, or back to the USA. Basically, I was not allowed back into Brazil. WHAT THE F***. I told her that none of these options are possible….We spoke for 20 minutes or so and then Grace left to see what she could do. Meanwhile, I stayed on the phone calling anyone I thought could help.

Grace returned and took me to passport control. She spoke with the officers for about 10 minutes, she returned to me and said that they are allowing me to re-enter Brazil so I can get my vaccine and leave the next day. She informed me that the fine has been dropped and its as if I never arrived to the airport BUT, whenever I do return to the airport, I would probably be processed all over again and given the fine.

Long story short, I didn’t leave the next day. I simply cannot afford this fine. I’ve contacted lawyers, immigration officials, visited the US embassy here in Rio, read multiple blogs and sites and I still don’t have a solid answer as to what is ‘right.’ What is the next best step?

Here’s what I do know as facts:
The fine given to you at the airport can vary-it depends on the officer. You can be given a fine of 100 reais per day overstayed or any number less than 100, or no fine at all.
The fine only has to be paid when you return to Brazil
The maximum fine is 10k reais even if you stay 1 year or 10 years.

Here are my questions:

1. Loophole in the law? You don’t have to pay the fine if you leave the country and re-enter on another visa? “§ 2o  A multa atribuída por dia de atraso ou por excesso de permanência poderá ser convertida em redução equivalente do período de autorização de estada para o visto de visita, em caso de nova entrada no País.”

2. My lawyer is charging 2k reais and she says I can go to court with her representation and the fine may be lowered, dismissed, or kept the same. Has anyone had this experience?

3. Is it true that I may not be allowed back into Brazil for a period of time since I overstayed this time?

4. If I go to the federal police at the airport, is it possible to plead my case to them with the hopes of not receiving the fine?
"deducing days from next stay-option” rather than paying the fine? Is this true? For example, if I return with a 1 year visa, can they deduct 3 months of my overstay when I return instead of paying the 9.1k reais?

Please, any advice or relatable experiences will be greatly helpful!