Argentine citizenship for foreigners?

[Bajo_cero2]

Update: illegal chinese II:

But here there is a mistake because this is regarding the abolished law I mentioned:

I explained the judge that this is not enforzable. He said that for him it is very important that the applicant understands the consequences of becoming argentinian. I answered that I offer for free the chinese translator of my law firm or I can suggest an official translator wich will have to be paid by the Court. They accepted mine.

The case was started on december 22th. On February 21th they ordered the reports. I couldn´t read the prosecutor opinion but the case was approved.

Issues discussed: Illegal, trabajo en negro, he speaks little Spanish, he doesn´t read spanish.

Regards

 

[Bajo_cero2]

They gave us the reports :

As you can read, he only has passport.
Regards

 

[steveinbsas]

I just read though most of this thread. I now know a lot more about the process from my own persoanl experience. If anyone wants to know what it's actually like to apply for citizenship (with a DNI) I suggest they read this:

Argentine Citizenship for foreigners: Can it really be this easy?

 

[Bajo_cero2]

Well, finally I photocopied the perma-tourist Prosecutor´s opinion:

Regards

 

[Bajo_cero2]

Update:

Last week I started a case of a Chinese citizen who was here for 17 months, so, I am pushing the envelope. I am arguing that he will have the 2 years when the procedure will be over.

There was a lady at the chamber who was 100% irritated about recognizing rights to irregular immigrants. So, she told me that since now I should apply at the chamber for a permission for starting new cases without DNI.

In the application I should explain why they don´t have DNI. I started to bark her, so she called the Prosecretaria (hierarchy: judge, secretaria, prosecretaria). I explained her that only a judge can reject a case. So she called to Superintendencia (the administrative face of the chamber) and they confirmed that they gave that order.

I went to see the Secretario de Superintendencia who said that I should apply for a change in the requirements of the brochure and until then I was not going to be able to start new cases.

I explained that this procedure doesn´t exist and I don´t recognize nothing but the law. He replied that my future in this jurisdiction was regarding I submit to his order. I replied that he is not a judge, so he is not protected against criminal prosecution, so, if there is not an order signed by the 3 judges of the chamber I was going to prosecute him because of abuse of power. He order to accept my case but he insisted that this was going to be the last one. The chat was very amicable even we disagreed and we threaten each other with legal consequences.

I have meetings with the lawyer´s defense department of the Bar Association and CELS´s litigation department among others. Bovino, my master agreed to go with me pro-bono to Supreme Court if I need the cavalry.

This morning I went to the chamber to ask if they were enforcing the "hilarious" order. They said that they are not going to argue with me anymore, that I will have to deal with the judges (the hilarious order was canceled). Perfect! was my answer, so you are going to start respecting the procedure. She didn´t smile.

I have to admit that I was surprised.

When I arrived to the office I understood.

I won a leading case at the Chamber.

They said that:
1) You can apply without legal residence;
2) To work under the table is legal in this country.

I will present tomorrow a paper asking for a clarification regarding the way to evidence the trabajo en negro. But this is a huge victory!!!!

I cannot post the sentence because I don´t have the authorization of my client.

Regards

 

[Gilani]

I have started working on my citizenship application with Bajo_cero2 and I must say that I am very impressed with the way, he has been handling case and giving me legal advise at every step.

In fact when we went to the chamber, to get a judge assigned for my case, the staff there started harassing him in front of me. It was like "he does not need you", "He can file the case on his own", "Why are you bringing in clients without DNI" etc etc Mr Bajo_cero2 answered them pretty confidently.

I think a proper representation is required unless and until you do have a DNI, you have lived here for many years, you speak Spanish fluently and you have all the time in te world to look after your case.

Overall, I am pretty satisfied with Bajo_cero2's legal competency , work ethics and honesty.

 

[Bajo_cero2]

Well, my client gave me his authorization for publishing the chamber´s sentence:

So, the most important obstacles were solved:
1) You can apply without legal residence or DNI (confirmed by the Chamber)
2) To travel doesn´t interrupt the 2 continuous years (confirmed by the prosecutor)
3) To work under the table is honest work (confirmed by the chamber)

Regards

 

[Bajo_cero2]

Update:
Dominican leading case.
The prosecutor´s opinions about this case were already posted. The judge approved the case so he ordered the reports.

On Wednesday my client received a letter from DGM, edificio 5 (where your file is when you are in big troubles). We were there this morning, they enacted the deportation order. I shown the citizenship file and the lady was shocked and started to stutter trying to say that it is impossible to apply for citizenship without legal residence.

I explained her (I was very very nice and amicable) that I am the lawyer and she is not, that the judge already sent the oficio some months ago, that they are notified about the citizenship case, that as soon as the case is started my client is under the citizenship law and his file should be archived. I also mentioned that if they try to enforce this deportation order that would be an abuse of power in criminal terms and I would be forced to prosecute them.
She apologized for the mistake. I asked if I need to appeal it or just notifying will be enough. She said that a note will be enough.

He was lucky, we started the case 1 month before the deportation order was enacted.

Not bad.

Regards

 

[Bajo_cero2]

New update:
1) Irregular Dominican with passport and with deportation order.

The judge sent an oficio to DGM complaining for the deportation order.

The witnesses were on Wednesday at Court regarding to evidence the honest way of living (he works under the table), today the reports were provided.

In 7 months he is going to be Argentinian.


2) Gilani´s case.
It was started on March 18th with a strong resistance of the low hierarchy employed of the chamber.

The Judge asked for an interview with me for yesterday. The judge was very amicable and he said he wanted to meet me in person. This judge is the leader of the conservative faction about citizenship, he is a high educated person who writes papers about citizenship defending the conservative theory (You need legal residency for applying for citizenship). The meeting was very nice and we debated about different interpretations of residence, continuous, and how to deal with different issues regarding the procedure. It was a debate just for fun between two legal nerds, jajajaja. I enjoyed it.

I mentioned the situation about the clerks and he was annoyed about that because he said he is the only one with the power to decide over the cases.

He solicited me to provide him the names of the clerks in order to fine them.

After the meeting, he signed the sentences providing the reports.

3) Expat´s case I won at the chamber

I met the judge today.

He was very amicable, he said he is going to call the witnesses for an audience as the Chamber ordered. He also said he disagrees but the Chamber decisions are mandatory.

Resume:

So, even the beginning was slow, since I won the debate at the chamber, the judges are following my case theory. The reports are being provided in about 1 month.

Regarding to speak Spanish, all the judges agree that is needed but they give you the chance to learn while the procedure is going on. You need to speak basic Spanish, to read is not necessary.

Criminal record, half of the judges ask for it, so it is better to have it but you can start the case and give it to them later, you have 7 months to do it.

Regards

 

[chop]

Gilani, how does the migraciones requirement work? Every time you leave the country they will mark your file? So they have a database of all visitors to Argentina?