I am a US Citizen. I arrived to Europe in early August 2007 to Helsinki, Finland where I received an entry stamp. When I arrived to Barcelona later that month, I did not receive any stamp in my passport. I have not left the Schengen Zone. I have been living and working here in the black since September.

I want to get a NIE and become a legal resident.
I am part of softball team and cannot play because I do not have NIE. I also work on boats during the summer months and do not want to have any problems with my passport due to the fact that I have overstayed the 3-month tourist visa.

I am aware that the process is tricky and complicated.

I want to know if it is possible to get a NIE as an illegal American. I am also aware that it is possible to pay a lawyer with power of attorney to do the paperwork.

Can anyone give me any advice or point me in the direction of (information) or person(s) that can assist me.
Any advice is greatly appreciated!

Hi Stacey. Your situation is kind of tricky. I lived in San Sebastian, Spain where I did my PhD. I was kind of in a similar situation. After 2.5 years in San Sebastian I had to go and do a year in Belgium with the company that sponsored my PhD. When I left to do this my residence card in Spain had expired. When I got to belgium they informed me that I needed a work permit for the year I was to be there even though I was a student. I couldnt get the work permit without my spanish residence card. It was a total mess. So I returned to San Sebastian and simply asked for the residence card. It wasnt too complicated…just annoying. So I was basically applying for a residence card after overstaying…sort of like yourself. The only document that really was key for me was my PhD contract at the university. Without something like this, you are in a tricky situation. On a sidenote, one year I actually applied for my residence card a few months late after the previous one expired. Again, I took a document from my PhD supervisor and with a wink and a smile, they gave me a new residence card…..Spain for you I guess 😊.

If you attempt to get legal employment, a company will need to sponsor you to get a work permit and you’ll have to return home to the US to wait for the work permit (which Im doing right now…in Canada). Spain requires you to be out of the country while the work permit application processes. You can not be ‘irregular’ while waiting for a work permit to sorted out.
Im not sure what to suggest. One possible route is to get set up in a study situation somehow. If you are a student somewhere, a work permit is not necessary (and therefore you wouldnt have to leave the country) and with proof of your student status you can make the application for the residence card. So check that avenue out. Im not sure to what ‘extent’ you need to be a student…like in a full time program or simply just a spanish course…but becoming a student in spain would minimize your problems.

For citizens of countries not party to the Schengen treaty restrictions exist that govern the length of one’s stay within the Schengen area. The general rule stipulates a maximum 90-day stay within a 180-day period beginning from the first day of entry. One may leave and return a number of times within the 180-day period but the combined stay within the region must total no more than 90 days.
Air security , port secrity , ID checks at hotels and other places , Customs control and many more control ....  will get on to mate who how the law more then me

Download this it might help:

VISAS INFORMATION

LEGAL STATUS OF FOREIGNERS IN SPAIN

http://extranjeros.mtas.es/

Click: Informacion de interes

Click: ?  Folletos Informativos
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Click:  R?gimen general    

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Good luck.