Ciudadanía / Citizenship

[ElCordobés]

Update. Wife's case change of status dated as of Feb 5--a few days into the new judicial calendar (actually added to online system today).

5/02/2015 FIRMA DESPACHO POR EVACUADA LA VISTA

"Por evacuada la vista. Autos." Signed by the new judge. (He started this year...his seat was vacant for 6 years) Another case I have been watching from the same juzgado, received the same update on the same date.

I believes it means the judge has responded to the Autos. (Hopefully, positively).

The status is now: 5/02/2015 CAMBIO SITUACION DE EXPEDIENTE EN LETRA
Also dated 5 Feb.

I saw this too late today to call the juzgado. Will follow up tomorrow.

My case:

No updates have been provided by my juzgado yet (for my case nor the several that I'm watching at the same point from this juzgado). But I did have a flurry of activity at then end of December. The fiscal received the information preliminary saying everything required had been presented. I suspect I will have an update very soon. At the end of December was advised mid-February to follow-up.

 

[Bajo_cero2]

Seems that the judgment was done.

 

[ElCordobés]

Sounds great. I will give them a call to confirm in the morning.

Her case has progressed more quickly then all but one that I have been following. The other I referred to above had received the same status (judgment?). They started March 28th 2014 and completed(?) February 5th 2015. Quite fast.

I really believe that any one interested in pursuing citizenship starting from a position of permanent residency or direct from irregular to citizenship (with the help of a qualified attorney in these matters. ). Now's the time to do it in the new calendar year. Perhaps, avoiding one if not two judicial holidays.

 

[ElCordobés]

Called the juzagado. We have a judgment (sentencia). I was advised that we can follow up personally in about 3 weeks. The status is now in "proyecta/o"? I'm frankly not exactly sure what that means, but perhaps finalizing, passing sentence to the fiscal and preparing the carta. Toward the end of 2014 the clerk had advised end February/early March as the range for when we could get the carta de ciudadania. I'm not sure about doing the oath.

So yea! It appears one down. One to go.

I don't recall whether I noted this earlier. They never requested an FBI background check. Only the antecendentes of the province and federal. They also consulted Interpol.

There has been no interview or hearing, language evaluation with the fiscal nor judge. This might be due to our being permanent residents rather than not having status.

Finally, we will need to request the same for our US-born daughter through the registro. I'm not yet sure whether they will be accommodating and do it when we request our DNIs or if we will need a court order (Bajo has referred to this possibility of needing a court order in another thread, but under a ruling/precedent of the Supreme Court--our daughter is eligible). If we need a court order--I have no sense of how long, logistics of obtaining. So with each step comes more questions. We have an online tool for the province and email for the office who handles cartas. I am going reach out to them shortly in an effort to get an answer regarding my daughter rather than just turning up with cartas in a couple months.

And then we have the joy of changing all our documents to the new DNI number, bank accounts, car title, driver's license, CUIT/CUILs, etc. We have many trámites in our future. Ha.

 

[nicoenarg]

There has been no interview or hearing, language evaluation with the fiscal nor judge. This might be due to our being permanent residents rather than not having status.

Awesome, congratulations.

But language test and interview has nothing to do with your residence status. Perhaps because you go and speak with the secretaries that they know you can speak Spanish or perhaps the judge didn't ask for it. I am a permanent resident and had to go for language test.

Anywho, congrats on the process moving forward for you and your family.

 

[ElCordobés]

Thanks! Yes, that could be the case regarding language. I'm representing us--I suppose it's pretty clear that I have a decent handle of the language. And really... that's it,,,"decent." My 7 year old speaks 100 times better than I.

 

[Bajo_cero2]

The opcion de naciolalidad of the children of a naturalized argentine has to be done at Court. If they don't accept it, then you need a lawyer.

 

[Bajo_cero2]

The language test is abolished but enforced only at Capital Federal.

 

[ElCordobés]

The opcion de naciolalidad of the children of a naturalized argentine has to be done at Court. If they don't accept it, then you need a lawyer.

Thanks Bajo! Do I have to ask for a new expediente (case) for the child or is this something I request either from either juzgado as part of our existing cases? So they provide the order for the child with the carta?

The "they" here

If they don't accept it, then you need a lawyer.

referring to the registro not accepting the opcion de nacionalidad provided by the court?


As it stands, her sister is already natural-born Argentine. Both parents naturalized (pending). Both juzgados have the US-born child's DNI and school information. She's also probably the most "Argentine" from speaking like a Cordobesa, drinking mate and having the mannerisms of an Argentine as she's lived most of her life here. Really important for her and us that she gets the document as well--with as little drama and time as possible.

I've at least inferred to the court that we want the US-born to receive the opcion de nacionalidad--but I want to be clear with them right away with respect logistics/documents if this is something they can do when finalizing our papers.

EDIT: From the original Ley 346. Is this clause, Art. 12 current? So I can cite it with the court and/or Registro? That assumes I'm understanding it correctly--which I very well might not be...the phrase "los extranjeros que están actuando en el ejercicio de la ciudadanía argentina" is confusing. The rest appears clear... they are not subject to any other requirements as described under this law and can register with the Registro.

TITULO VI

Disposiciones transitorias (artículos 12 al 14)

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.

Thanks as always.

 

[Bajo_cero2]

You are confused.
You have to apply for opcion at the same Court. It is one file per person/child.
They gave them a carta de ciudadania, just like you.
Trasitoria means that this clause was for when the law was enacted for people already born then (1869)