Daughter's Passport with Spanish Visa stolen - overstaying problem?

She should consult with her school in Spain. I doubt she's the first person to ever lose their passport. They'll probably know what to do.

Most countries have records of Visas so the Spanish government could probably issue a replacement.

But I'd have her check with the school first.

I would think, as long as she isn't doing anything illegal, and thus would have little reason to show her visa or her passport, it will probably be ok. The Spanish government has her on record. I would also think that you, as a parent, should be able to contact the Spanish Embassy in DC and get a copy or notification that she can carry with her. She should let her school know what happened and let them advise her on how best to proceed since they will know the Spanish system better than any of us.

Although your daughter is legally required to have a student visa, as a practical matter, she will never need it, and should not even bother with trying to get a replacement copy.

If your daughter looks American, odds are extremely good that she will never even be questioned about her visa/residency status, even if caught red-handed, committing a misdemeanor. (The difference between "tourist" and "immigrant" is not just semantic.)

When I was in Italy several years back, I applied for my visa, but it never arrived before I have to leave for Italy. I did nothing. I was never asked to show it. The police were aware that I was there, but they never bothered me. I was living with an Italian family and taking care of their children as well as going to Italian schools. I had contract classes through my high school here in the states. As long as you are not doing anything illrgal, you'll probably be OK. But then again...look what has happened to amanda Knox from the University of Washington..she has been in the "pokey" for quite awhile..on murder charges!!

There should be some sort of office in Spain where she can get it taken care of. When I was in Colombia they originally stamped my passport for only 30 days so I had to go to a special office with 2 passport pictures and $40 and they gave me a speical sticker in my passport. Did she ask at the US Embassy when she got her new passport? They might be able to point her in the right direction. Or as others have said, the school should be able to help her.

I am sure she is not the first student to have her passport stolen with a visa in it.

Thanks all for the quick responses! Good idea on the school, they must have heard this many times :p . Emailed her that suggestion and some of your other comments. I am really not worried about her doing anything illegal (except maybe if jaywalking is illegal) - and she is blond and doesn't look local. She is staying with a Sevilla family for the semester, and her Spanish mom is going to ask for suggestions from locals, that may help.
Thank again everyone! Best ,Mark

As one who lives in Europe, I'd say she'd have no problems going without the special Spanish visa...except if she travels to other places inside Schengen Zone. Some countries are cracking-down on checking validity of stay. This is not the norm, though. But to be on the safe side, you should probably research the new travel rules for Americans traveling within the Schengen.

I think at issue is not so much her "doing" something illegal - but rather her staying in the country without proper visa IS illegal. What should be more of a concern is if she is injured etc. and what can result with her being illegal in the country.

I would try the local Police - the "months" suggestion can be a bit exaggerated especially when there are extenuating circumstances. Any prior documentation you may have for the original request can be helpful. The approach would be to inquire after an extension of a short term stay - at the local Oficinas de Extranjeros, Superior Headquarters or Police Department in the province where you are staying or you may download it from the web page www.mtas.es .

This will most likely be the best situation. Also - if a copy was given to the school at some time (typical in France) of the visa - this could help in having a new one submitted.

She should not, on her own, go to any Spanish police or government entity. She does not know how their system works and could get herself into trouble.

She should first consult with her school and then the closest U.S. consulate. They would know what to do.(I'm surprised she didn't ask about the visa when she got a new passport.)

If you should ever get in trouble overseas, don't go running to the police (unless it's petty theft) or that country's government. First check with YOUR local consulate. They know how the "game" is played.

Look, I understand many here don't like the government and think its useless. Luckily for us, most of the people who work at consulates, not embassies, are career foreign service people--not political appointees--whose main job besides issuing U.S. visas is to help Americans overseas. And they really do.

The problem is the wording you're using..."new" visa. Well, to get a new visa, she needs to return to the U.S. But she doesn't need "new" visa. She needs a copy of her current visa because it was lost. The Spanish government has a copy of her original visa and can reissue it. But using one wrong word, which may seem trivial to us, can be a big thing in government.

Frank, you've put your finger on the problem without even realizing it. Unfortunately, the people working the consulate are career foreign service. They could not care less about your problem, and would just as soon ignore you as breathe. They know that no matter how well (or poorly) they do their jobs, they will still get paid and are virtually impossible to fire.

Trust me on this one, the consular people in Seville are worse than useless. The daughter should either go to her school for a copy, or ignore the lack of a visa. It will not be a problem for her. However, if she wants to feel safer, she can go to Extranjeria (Plaza de España) and request an extension for her visa. In case of arrest, etc. this will provide her with a piece of paper proving that she has tried to get a new visa. Short of a felony, she will not get PNG'd from Spain for overstaying her student visa by a few months.

Sounds like someone had a bad day with the consulate people. Part of the problem is that the consulate is NOT there to solve peoples problems while they are overseas. They are NOT there with emergency funds to get you home cause you spent all your money or to help you find a long lost aunt, etc. What they ARE there for is issuing passports, birth certificates to citizens born abroad, visas to foreigners wanting to visit the US, interviews for potential green card applicants, assisting in custody cases with US citizens and foreigners (kidnapping), assisting Americans who get put in jail in making sure they get proper legal assistance, and this is the big one - Diplomatic Relations with the foreign country they are located in. You have no idea how much time is spent on this, the various events to improve relations, promoting the US and its image overseas. To damn the foreign service people as folks who couldn't care less is really harsh. They pack up their families every 3 years and move to a new country. Yeah, sometimes it is someplace cool, like London, or Frankfurt, but the next post might be Mozambique or Pakistan. They get killed in bombings too, if you think back a few years. And no, I am not in the Foreign Service in case you were wondering. I just dislike an entire group of people being cut down for not doing things, that they are not responsible for doing in the first place. Whew! sorry to have gone on so long.

Well said, Jo!

In my professional dealings with consulate people from different countries, I have never found one not willing to at least try to help--especially if one of their own citizens needs help.

True, they are limited in much of what they do , but at least they will point you in the right direction.

You might run into one or two who are having a bad day, but that can be anywhere.

No, Jo, not a bad day with the consular people. I've based my scathing generalization on 16 years of experience as a foreigner living and working abroad. In that time I've had to tolerate surly bureaucrats several times in order to get my passport renewed. (They were rude, but to be fair, they did get the job done.) With the exception of that service (which they charge for, by the by), I have never felt that I've had the support or aid of the consulate. I'm still trying for an appointment to register my daughter's birth, (FYI, US citizens are no longer allowed to walk in to a US consulate without an appointment.) so maybe the employees will be helpful and friendly. I'm willing, but not expecting, to be pleasantly surprised. As Spaniards aren't required to apply for a visa prior to a touristic visit to the US, I doubt that the consul is busy handling those applications. This leaves the official "improving relations" work that you mention. Guess what, Americans living abroad have to deal with the negative image of the US that the government seems to try so hard to perpetuate. Maybe instead of schmoozing with local honchos, consular staff could try and support the US taxpayers who actually represent our country to the average citizen of foreign countries.
I'm glad that some of you have had positive experiences with consular staff, but I maintain my position that for the average citizen in need, and with the exception of passport replacement, the consulate will be far less useful than virtually any other option, including asking complete strangers in the street for help.

I am sorry you have had less than stellar service from the consulate in your area. I too have lived overseas for almost 22 years, and have never had a problem with politeness or them not being helpful, and this includes: registering my daughters birth, 2 passport renewals for me, 3 each for my son and my daughter, 1 stolen passport for me and 2 name changes in my passport. If you need an appointment, go to this website and it is as easy pie: http://madrid.usembassy.gov/cons/offices.html As far as no one needing a visa to visit the US from your local consulate, does everyone in your city have a Spanish passport?? I know Frankfurt is almost 30% foreigner and these people also want to vacation in the states. Let alone the Germans who need a student visa or a work visa or a green card cause they are married to an American. Frankfurt has the largest American consulate in the world and it is always busy, no matter what day it is or what season. One must remember that people from all over the country will show up at your consulate, not just from your city. I realize you have had bad service, but please don't criticize thousands of employees because of it. It is kinda unfair. Did you write them a letter and let them know about these situations? You might have gotten an apology and an explanation.

I think we have strayed from the subject while trying to bash US consulate staff. I am not sure I am comfortable with the advice to ignore the lost visa. While that might work 99% of the time you would hate to her being the 1% that has a problem. When our son spent six months in Spain on a study abroad program he was required to present himself at a police station at the end of the first three months and have his visa and passport stamped. The school literally marched all the students to the police station. He got the impression that this was critical and not to be taken lightly.

Without a doubt, she needs to contact the school administration for assistance. As someone else posted, this will not be the first time for the school. And the school might have a copy of the visa -- we were required to send a copy to the school prior to departure. Then you need a brief discussion with her about maintaining a little security with her papers.