Argentine citizenship for foreigners?

[Bajo_cero2]

After what period of time, the standard two years or something different? And does it apply to the non-citizen parent of argentinos nativos por opcion?

If I don´t anwer properly this is because I didn´t understand properly the question.

The rule is that you need 2 years of living in Argentina to apply for citizenship. But there are some shortcuts. One of them is if you are a railroad builder or if you have children here or with an argentinian abroad or you marry an argentinian.

Once they became argentinian there is no difference about if they were born here or they got the citizenship by "opción". There was a diference in the abolished law, but this one was enacted by a genocidal, so, guess what... it was all about discrimination. This is forbidden. As soon as democracy rise the old 346 law was enacted again:

Artículo 1.- Son argentinos:
1.- Todos los argentinos nacidos o que nazcan en el territorio de la república, sea cual fuere
la nacionalidad de sus padres, con excepción de los hijos de ministros extranjeros y
miembros de legaciones residentes en la república.
2.- Los hijos de argentinos nativos que habiendo nacido en país extranjero optaren por la ciudadanía de origen.
...
Art. 12.- Los hijos de argentino nativo y los extranjeros que están actuando en el ejercicio de la ciudadanía argentina, son considerados como ciudadanos naturales o naturalizados, sin sujeción a ninguno de los requisitos establecidos por esta ley, debiendo únicamente
inscribirse en el registro cívico nacional.

Well, let´s see. If your children are younger than 18 years, Supreme Court said that even been guilty with a criminal sentences against you, you might became a citizen. After Argentina suscribed to the Child convention (a human rights treatry) the north of the compass is "the superior interest of the child". This means that a child can be separeted from his family only if they are a danger for him (Violence, drugs, etc). This means that deportation is abolished for parents of argentinians. So, citizenship cannot be denied. This is not maths, it is all about proper argumentation of course.

If your question is more specific, send me a PM. Regards

 

[Sartre]

Ok. You have to go to Palacio de Tribunales, it is in Talcahuano between Lavalle and Tucuman. You should enter by the entrance at Lavalle street, as soon as you are in, you go right to the end and then left a few doors. There you will find "Camana nacional de apelaciones en lo civil y comercial". There you say you want to do the citizenship. You should be there no later than 11 am.
http://es.wikipedia.org/wiki/Palacio_de_Justicia_de_la_Naci%C3%B3n_%28Argentina%29

They ask for: CUIT or recibo de sueldo, birth certificate, DNI, police adress certificate, local and foreign certificate about you are free of criminal records. They ask all this papers because they use the restrictive doctrine about citizenship. However seems you have all that they ask.

They double check you have all the papers they ask, they give you 2 forms, you fill them, sign and they assing you a judge. The next building you should go is just across the square to the left, the block after Colon Theater.

Any doubt, just feel free to call me, my office is 2 blocks far. 4371-3727 and 15-3296-6249.

Regards

Thanks for the very useful information. I'm familiar with the Palacio de Tribunales having been in it many times. I wasn't sure if I needed to go the Palacio or to the Tribunales in Retiro.

I've been able to do all paperwork alone with only a few hassles. However, I agree with you it's not always easy to enforce the time rules. For example, when they gave me my permanent residency they told me I had to wait up to 90 days before they would issue the letter. Such a long wait would have resulted in my DNI expiring (the expiration of the DNI is coordinated with the expiration of the residency), my Argentine driving license would have also expired and wouldn't be able to renew it with an expired DNI, banking would have been a real hassle if they would notice the expiration date of my DNI, crossing the borders with an expired DNI also would have been impossible since my car registration (cedula verde) has my DNI written on it.

Regardless, I returned the next day and spoke with the woman who took my application for permanent residency and explained the problem to her and before I could finish she entered into the Immigration computer system and with the pressing of a few keys told me my letter would be ready in two weeks. When I went on the Immigration site a week later to see if my letter was ready much to my astonishment, it was listed as having been already processed.

Bajo, please send me the same PM regarding fees. I'm thinking of hiring an attorney to shepherd the papers because I'm planning on spending about 3 to 6 months in Brazil.
Regards,

 

[Bajo_cero2]

New update:

1) Perma-tourist:

The judge acepted the business plan and the bank certificate of savings as honest way of living.

He reject mi petition about canceling the info request to DGM. So, I will do it by my self in order to make it faster.


2) Chinese citizen with argentinian family:

The judge acepted the partnership contract to prove the honest way of living.

He order me to provide a certified copy of his birth certificate wich is at RENAPER.

Regards

 

[Bajo_cero2]

Bajo, please send me the same PM regarding fees. I'm thinking of hiring an attorney to shepherd the papers because I'm planning on spending about 3 to 6 months in Brazil.
Regards,

PM couldn`t be sent, seem you have enabled that option. Regards

 

[Sartre]

Bajo, I believe I've enabled the PM function. When you have a moment please try sending message again.
Thanks...

 

[Bajo_cero2]

Update:

Illegal former perma-tourist 3 (he is not going to Colonia since 13 months ago).

I started this case 2 weeks ago. They were very nasty at the tribunal. First, they didn´t want to accept the case because he didn´t have DNI. After that, they tried to make my client to sign that the procedure "must" be without a lawyer. He rejected it. So they invite us to the judge´s office and I was treated as a criminal.

So, they drafted a report saying that the citizenship procedure is without a lawyer and if somebody (me of course they meant) ask for money for advising or for anything regarding the citizenship procedure, he must be criminally prosecuted.

My client wrote that he wants to do to he procedure with his lawyer.

I declared that lawyer`s work is related to represent their clients at court, I am a lawyer, we are at Court, so this is legal. I also explained for dummies that paralegals are forbidden at Court as a general rule, not only for the citizenship procedure and this is regarding to avoid the corruption you can find at DGM.

The whole situation was a huge lack of respect.

I went today expecting to find out the criminal case against me but they were very very very nice. They brought me the file about the citizenship application and I read the prosecutor opinion. He said:

1) Applicant´s attorney claimed that legality and DNI aren´t valid requirements for citizenship, he is right. Passport is enough. To ask for DNI or Cedula to an illegal makes no sense and it is an indirect way to violate Supreme Court´s doctrine so this must to be abandoned.

2) The prosecutor suggested the judge to follow the Supreme Court precedents claimed by the applicant because they are mandatory.

3) The applicant only has to evidence that he was here for 2 years. The stamp in the passport is not enough evidence. So the prosecutor suggested the judge to order to DGM to inform when did he arrived to Argentinian territory.

4) The applicant has to evidence better the honest way of living. The applicant´s attorney is right related to legal working is not a requirement, honest working no matter the status with AFIP is the requirement for citizenship.

5) The immigration status of illegal of the applicant is irrelevant for citizenship.

And the judge order DGM to inform when my client arrived to Argentina.

I asked for a xerox of the prosecutor´s opinion and the pro-secretary (hierarchy: 1) Judge 2) Secretary 3) Pro-secretary) did it at once.

Regards

 

[Bajo_cero2]

Perma-tourist 2:

Case:
I started the case on Oct. 22th.
She is a Us citizen with 32 month as a "Colonia" perma-tourist.
She traveled twice to the US for Christmas for about a month each time.
She works in negro as a dancer.
She has birth certificate with apostille without translation.
She has FBI criminal record without apostille or translation.

The prosecutor opinion was:
1. She must to apostille the FBI record.
2. She must to evidence she speaks spanish
3. DGM information must be requested regarding her trips.
4. She must evidence with CUIT her actual way of living.
5. Edictos must be published.

The judge said.
1. No.
2. No.
3. Yes.
4. Yes.
5. No answer.

So, the judge made a mistake about asking for CUIT as the way to evidence the honest way of living because you need DNI for having a CUIT. On Tuesday I am going ask for a reconsideration appeal (You appeal before the same judge instead of the chamber, it is used mainly when the judge made something very very stupid, so you don´t embarrass him at the chamber) with a normal appeal in subsidy.
I am going to attach the 2 witnesses declarations regarding the honest way of living.

Regards

 

[Bajo_cero2]

So, the judge made a mistake about asking for CUIT as the way to evidence the honest way of living because you need DNI for having a CUIT. On Tuesday I am going ask for a reconsideration appeal (You appeal before the same judge instead of the chamber, it is used mainly when the judge made something very very stupid, so you don´t embarrass him at the chamber) with a normal appeal in subsidy.
I am going to attach the 2 witnesses declarations regarding the honest way of living.

Permatourist 2:
The appeal was rejected. The judge can only double check if the appeal is on time. But he rejected it asserting that his previous decision was right (This illegal). He was judge of his own decision which is forbidden. I am going straight to the chamber with a queja por apelación denagada (complain appeal).
This is the only case were they are trouble makers.

Regards

 

[Bajo_cero2]

I got the information from DGM about movimientos migratorios and I added this to the files.

1) Chinese citizen with argentinian family:
On December the 14th we should have his birth certificate from RENAPER.

2) German permatourist:
I added his certificado de movimientos migratorios and the evidence is done.
However, Germany has a special procedure for double citizenship that must be started before you get a second citizenship. So, we are going to freeze the case until the permission for second citizenship is granted.

http://www.pawgang.net/zweipaesse/FAQ.htm#Bindungen

3) Illegal former perma-tourist 3:
I added the certificado migratorios and they sent it to the prosecutor again. (The prosecutor said he need the certificado de movimientos migratorios to give his opinion about if permatourist full fit the 2 years continiuos residence or not)

Regards

 

[ferka07]

No, that's is not true.

Dual citizebship only applies to those who's parents were born in a different country. You are entitled to citizenship of the country of which either parent is born. A US citizen ontaining another citizenship must turn in their US citizenship as their civic duty. But what the government doesn't know wont hurt them....wink There is your answer