Argentine citizenship for foreigners?

[Bajo_cero2]

Update:

Update:
a) I won another case of a Chinese inhabitant. Not big deal. He had permanent DNI.

b.) I got a positive Prosecutor opinion on a case of a Chinese inhabitant who arrived illegaly to Argentina avoiding customs. He also has a deportation order. The Prosecutor opinion states he deserves the argentine citizenship.

We´ll see what the judge says in the desicion.

I had to fight very hard on this case because when I started, the employed of the judge said us that "I find it appalling that these illegal Chinese seek citizenship Argentina".
However, if I have to appeal with the Prosecutor on my side, the judge will take a beating.
I think that this is the first case in history and I made it happend with the most ultra-nationalist judge (SS), not bad...

My client got the citizenship and the employed who said that "it was appalling that these illegal Chinese seek citizenship Argentina" was degraded. Now somebody else who has no issues with foreigners is in charge of the citizenship cases at that Court!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

C) Next week I m going to start a new case where I m going to debate what the honest way of living means. Our Bill of Right states that moral issues are exempt from the power of judges. It also also states that everything that is not forbidden is permitted. My client is from Dominicana and, as many womans who lost the legal residency, she had to prostitute as her honest way of living.
In Argentina to prostitute is legal. Pimps are illegal but the law protects persons who have to do it for a living. So, we are going to Supreme Court non stop.

The case was started. We got the same judge than in the case I described before, so I ask for a change of judge.

c) I won another case of a Chinese citizen:

She is in China without posibilitied to come back. But now it is easy to enforme an habeas corpus and to force the DNM to provide a visa or the Consul a passport.
Next friday as soon as I return from the country side I am going to enforce her re-entry.

D) The judge who fined me and who was trying to avoid to enact a desicion, finally gave up and accepted the recusal. So my client is going to get citizenship soon.

Regards

 

[JulieMango]

I have been here on visa tourists with my husband (also on visa tourist) since March 2012. I am currently pregnant and expecting for September 2013, meaning my baby will be an argentine citizen. Does this mean we can then apply directly for citizenship after his birth? Or still need to complete 2 years in Argentina? Or is it faster to get the permanent residency?

Thanks for any help or answers!

 

[Bajo_cero2]

I have been here on visa tourists with my husband (also on visa tourist) since March 2012. I am currently pregnant and expecting for September 2013, meaning my baby will be an argentine citizen. Does this mean we can then apply directly for citizenship after his birth? Or still need to complete 2 years in Argentina? Or is it faster to get the permanent residency?

Thanks for any help or answers!

As soon as you have the birth certificate you can apply for citizenship or permanent residency (you need the 2/3 years or a child). The second is faster. The citizenship takes no less than 7 month up to a year and a half more or less./
Residency is something you can do yourself while citizenship you need proper legal representation> www.rubilar.com.ar
Regards

 

[Naruto2000]

Christian Rubilar,

Hypothetically, I am living in AR for 6 months on a rentista visa. I take a 2 month vacation to asia. During this time I have maintained my rental in AR. I return to AR at the end of the 2 month vacation. I have have done short vacations around peru, ecuador, chile (no more than 1 week each time).

Questions:

1) Can I begin the citizenship process at the 1 year + 1 day mark so that I would have citizenship at the 2 year point?

2) Will my time out of the country be counted against me even though I maintained my rentista visa and I maintained my apartment in AR during that time?

3) What is the maximum amount of time (in total and per time) that I can vacation outside of AR without it affecting my citizenship case?

 

[Bajo_cero2]

Christian Rubilar,

Hypothetically, I am living in AR for 6 months on a rentista visa. I take a 2 month vacation to asia. During this time I have maintained my rental in AR. I return to AR at the end of the 2 month vacation. I have have done short vacations around peru, ecuador, chile (no more than 1 week each time).

Questions:

1) Can I begin the citizenship process at the 1 year + 1 day mark so that I would have citizenship at the 2 year point?

2) Will my time out of the country be counted against me even though I maintained my rentista visa and I maintained my apartment in AR during that time?

3) What is the maximum amount of time (in total and per time) that I can vacation outside of AR without it affecting my citizenship case?

I think you should call my Secretary for schedule a consultation. Regards

 

[Ceviche]

Questions:

1) Can I begin the citizenship process at the 1 year + 1 day mark so that I would have citizenship at the 2 year point?

2) Will my time out of the country be counted against me even though I maintained my rentista visa and I maintained my apartment in AR during that time?

3) What is the maximum amount of time (in total and per time) that I can vacation outside of AR without it affecting my citizenship case?

Naruto 2000, you shud find most of the answers in the thread, if you care to spend 3-4 hours reading it and making notes.

Broadly speaking, you need to spend 24 months on the land of Argentina to be eligible. You can start the process after spending 12 months on the land of Argentina. The 12 months can be proven basis the stamps on yr passport ( which would be counter checked by the court from the immigration).

You are free to travel , whenever you want. As per constitution , you have same traveling rights as a Argentine. But you can only start your process after spending 12 months on land of Argentina. And before your citizenship is granted, it would be affirmed if you have spent a total of 24 months on land of Argentina basis yr passport stamps counter confirmed from immigration!

However, if you are already a permanent resident and/or have already spent 24 months on land of Argentina, you can start the process right now.

Their is no need to pay rent if you are traveling. It may help in the residency process but does not help in citizenship process.

If your ultimate aim is citizenship, you can ignore the residency process.

However, if your original passport needs a visa to enter Argentina, it makes sense to keep your residency procedure in order especially if you like traveling out of Argentina.

If you are in Argentina illegally but have no plans for traveling out of Argentina, you can still apply for citizenship basis your time on the land of the country.

If you can speak medium level Spanish and have a DNI, you can apply for citizenship procedure on your own. Sometimes, it helps to have a lawyer as intelligent as Dr Rubilar to manage the judge etc or if you do not have a DNI or have a crime history.

However, if your papers are in order, you have a DNI, have a clean police record, have a means of earning your living honestly, can speak some Spanish to communicate with the clerks at the court, you do not need a lawyer.

Hope this helps. Feel free to ask any more questions.

 

[Julia2]

Interesting facts! I thought minimum 5 years were needed. Does anyone know if I can start the residency process if I have left Argentina? I have been living in Argentina for 2 years on a tourist visa. Then I went back home to Europe where I live now for about 1 year. So if I would go back to Argentina, do the 2 years from the past count or not?
Thank you!
Kind regards,
Julia

 

[Ceviche]

@Julia 2,

Yes, it counts for applying citizenship NOT residency!

Next time when you come to Argentina, carry a appostilled police clearance certificate from your country. And also have a means to show that you can earn a living. This should suffice.

Then hire Bajo_cero 2 for taking your case forward. You would need his assistance without a DNI ( though DNI is not essential but you would/could face problems without it).

 

[Julia2]

Hi Ceviche,
thank you! That is good to know for me!
Best regards,
Julia

 

[steveinbsas]

Interesting facts! I thought minimum 5 years were needed. Does anyone know if I can start the residency process if I have left Argentina? I have been living in Argentina for 2 years on a tourist visa. Then I went back home to Europe where I live now for about 1 year. So if I would go back to Argentina, do the 2 years from the past count or not?

Did you mean residency or citizenship in your first question?

You can start the official residency process (apply for temporary or permanent residency) outside of Argentina at any Argentine consulate, but to start the citizenship process you must apply at a federal court and provide a certificado de domicilio that must be issued no more than a day or two prior to submitting your application. You really have to be "living" in Argentina when you apply for citizenship, but you can come and go as you please while you are waiting.

The two years "in country" required for citizenship starts the first day you set foot on Argentine soil, even as a tourist. The five year requirement is an old law that was repealed almost 20 years ago, but some websites still show it as a current requisite and apparently some judges still apply it.

You do not have to provide a criminal background report when you apply for citizenship. You may be asked for one before citizenship is granted, but if you plan to leave the country while your citizenship case is pending, that would probably void the report and you will be asked to provide a new one. The first thing I did after submitting my application for citizenship was go to the federal police station (as instructed) and have several sets of fingerprints made so the police here could order criminal reports. Then I was told to wait until I was called to publish a notice in the local newspaper.

I'm still waiting for the call.