Ciudadanía / Citizenship

[ElCordobés]

Apparently these rulings have brought a concept of La igualdad ante la ley y las leyes "sospechosas de inconstitucionalidad" or Equality before the law and the laws "suspected unconstitutionality" I can't imagine some of these laws are long for this world based on these rulings.

Luego de Hooft, la Corte resolvió Gottschau c. Consejo de la Magistratura de la Ciudad Autónoma de Buenos Aires (223). En este caso la actora es de nacionalidad alemana, pero está radicada en la Argentina desde 1983 y ha cursado sus estudios secundarios y universitarios en nuestro país. Es abogada y está matriculada en el Colegio Público de Abogados de la Capital Federal. En tales condiciones pretendía acceder a un cargo de secretaria en los tribunales de la Ciudad de Buenos Aires, pero el reglamento de concursos aplicable exige ser "argentino nativo o naturalizado". Ante la denegación de su solicitud para inscribirse como concursante, promovió un amparo que también fue exitoso. La Corte repitió aquí la doctrina sentada en Hooft.​

Verdaderamente estos dos casos eran fáciles. Las normas aplicadas en ellos a personas en la situación de Hooft y Gottschau, eran manifiestamente inconstitucionales sin necesidad de que el ius cogens viniera a decirlo (224). Se trataba de personas que, más allá de su (remoto) origen extranjero, están completamente afincadas en la Argentina, son profesionales egresados de universidad argentinas, y su pretensión no acarreaba una carga económica para el Fisco Nacional (225). Sólo deseaban tener la chance de servir al país ejerciendo un cargo público. De modo tal que no comprendo la necesidad de acudir a la compleja teoría de la ley sospechosa de inconstitucionalidad y de su consecuencia, la inversión de la carga de la prueba para resolverlos.​

After Hooft, the Court decided Gottschau c. Judicial Council of the Autonomous City of Buenos Aires (223). In this case the plaintiff is of German nationality, but is rooted in Argentina since 1983 and has completed high school and college in our country. She is a lawyer and is enrolled in the Bar Association of the Federal Capital. In such conditions intended to access a position of secretary in the courts of the City of Buenos Aires, but the rules applicable contests demands to be "native or naturalized Argentine." Given the rejection of his application to register as a contestant, he promoted an injunction was also successful. The Court repeated here the doctrine established in Hooft.​

Truly these two cases were easy. Standards applied them to people in the situation of Hooft and Gottschau, were manifestly unconstitutional without the ius cogens came to say (224). These were people who, beyond its (remote) foreign origin, are completely settled down in Argentina, are professionals graduated from Argentine university, and his claim did not entail a financial burden on the National Treasury (225). Just wanted to have the chance to serve the country exercising public office. So that I do not understand the need to resort to the complex theory of suspicious constitutional law and its result, the reversal of the burden of proof to solve them.​

Also found this case regarding a Chinese resident's right to be with his family. Not exactly what I'm after, but in some sense I'm trying to keep my family together.

El derecho a la convivencia familiar, es decir, a estar juntos los miembros de una familia, fue reconocido en Zhang c. Estado Nacional (178), por aplicación de la Ley de Migraciones.

Hang Zhang, de nacionalidad china, residente en la Argentina en forma permanente por más de una década, contrajo matrimonio con Lin Xiaojin con la que tuvo un hijo. Lin vivía en China con el niño y Zhang inició el pedido de radicación de ambos en nuestro país. Estando Lin en la embajada argentina en Pekín haciendo los trámites del caso, se habrían hallado dos mil dólares dentro de su pasaporte, lo que hizo sospechar que intentaba sobornar a algún funcionario. Bajo la reglamentación entonces vigente, ello la colocaba en una de las causales de inhabilidad absoluta para obtener la residencia permanente (179). Así, sin dictarse un acto administrativo expreso, se le negó de hecho el permiso migratorio.


The right to family life, ie, to be together members of a family, was recognized in Zhang c. National Government (178), by application of the Migration Act.

Hang Zhang, a Chinese national, resident in Argentina permanently for more than a decade, Lin married Xiaojin with whom he had a son. Lin lived in China with the child and Zhang initiated the request for establishment of both in our country. While Lin in Argentina Embassy in Beijing doing the paperwork of the case, they would have found two thousand US dollars in their passport, which made suspect tried to bribe an official. Under the then existing regulations, thereby placing one of the causes of absolute inability to obtain permanent residence (179). Thus, without an express administrative act issued, was denied in fact the immigration permit.


Según la Corte es particularmente relevante para decidir esta cuestión, el art. 10 que establece: "El Estado garantizará el derecho a la reunificación familiar de los inmigrantes con sus padres, cónyuges, hijos solteros menores o hijos mayores con capacidades diferentes". En el mismo sentido, el art. 3, inc. d, prescribe como una de las finalidades de la norma "garantizar el ejercicio del derecho a la reunificación familiar" y el inc. f, del artículo citado asegura "a toda persona que solicite ser admitida en la República Argentina de manera permanente o temporaria, el goce de criterios y procedimientos de admisión no discriminatorios en términos de los derechos y garantías establecidos por la Constitución Nacional, los tratados internacionales, los convenios bilaterales y las leyes". Por su parte, agrega la sentencia, el artículo 29 determina una serie de impedimentos al ingreso y permanencia de extranjeros, entre los que no se encuentra la "proclividad al delito", causal bajo la cual se negó el pedido oportunamente.

Destaca también la sentencia que "... la importancia que en la nueva ley reviste el principio de unidad familiar en materia de inmigración, queda evidenciada por la competencia que se le otorga a la autoridad de aplicación para admitir, excepcionalmente, por razones humanitarias o de reunificación familiar, a extranjeros que se encuentren comprendidos en algunas de las causales que obsten a su ingreso (art. 29, último párrafo)".


According to the Court is particularly relevant in deciding this issue, the art. 10 which states: "The State shall guarantee the right to family reunification of immigrants with their parents, spouses, unmarried children or older children with disabilities". Similarly, art. 3 inc. d, prescribed as one of the purposes of the rule "to ensure the exercise of the right to family reunification" and inc. f, that article says that "any person who applies to be admitted to the Argentina Republic of permanent or temporary basis, the enjoyment of criteria and admission procedures non-discriminatory in terms of rights and guarantees established by the Constitution, international treaties , bilateral agreements and laws. " Meanwhile, add the sentence, Article 29 defines a number of impediments to entry and stay of foreigners, including those not find the "proclivity to crime", under which the causal order promptly refused.

Also stresses the sentence "... the importance of the new law is of the principle of family unity on immigration, is evidenced by the competition that is given to the enforcement authority to support exceptionally for humanitarian reasons or family reunification, foreigners who fall into any of the grounds which may impede their income (art. 29, last paragraph). "

​

 

[Bajo_cero2]

You made it sound fairly simple a few weeks ago. Now you have me worried. You might have to travel to Córdoba soon.

Enforcing the law is my skill and it is never easy.

 

[Bajo_cero2]

Zhang has nothing to do with your case. His wife tried to brive the consul and, even that, the Court allowed her to come into Argentina.
The other precedent is regarding decrees and this is not the leading precedent. Here you have a law agaist you and some SC precedents.

 

[ElCordobés]

When you wrote your response to this woman's case--were you mistaken at the time what they would need?

Here you allude to Registro Civil having the authority to issue the Argentine DNI (without the order from the court) but legal action might be required to do so if they will not. Reading this again with what I have since learned--it appears clear that you are referring to the Hooft case as setting the precedent.

Might we get lucky and have a Registro Civil office that understands precedent and will grant my daughter the Argentine DNI without being compelled by the courts? The Directora of the Registro Civil (an attorney) in Córdoba has been helpful for friends of mine and general seems to have a very good team in my personal experience with them.

Hi all

I would be extremely grateful if someone could give me a step-by-step guide of how to get citizenship.

I have been here illegally for six years with my two children, 17 and 20. I am British, I own a house and a car, one of my children are studying here and the other is waiting to enter uni.

I have been informed here that it would be quite dangerous to apply for residency now, so would be better to go for citizenship. I have been to see a solicitor, but for me and my son it was going to cost $26,000 so afraid that is out, I cannot afford such extortionate fees.

Apart from wanting to live legally and have my human rights as a citizen, ie have credit cards, drive legally, etc, etc. I have not seen my family for six and a half years now and I am desperate to go and see them in the UK, but I am afraid if I went, I would not get back in the country which would be terrible, my children here and finding myself homeless in the UK. So if somebody could please point me in the right direction I would be so grateful, I am tearing my hair out here in desperation. The lawyer I went to see said it is very difficult to get citizenship without a lawyer, but if I had to spend that kind of money then I couldn't go and see my family as I would take the last bit of money I have, so quite a predicament for me really.

So Steve, who seems to be very knowledgeable on this subject or anybody else I would be grateful if you could point me in the right direction.

Thanks all

Karen

Karen, perhaps the best option is that you apply for citizenship. Once you are Argentine your Son and Daughter don´t need to go through the Court process because they become Argentinians automatically. This is going to be slower for them but for free. They are not going to be able to work en blanco or to have a driver license but they can study at University with no issues.

They just have to go to Registro Civil with your certified copy of your carta de ciudadanía and their birth certificate and they just apply for an Argentine DNI. It might be a little difficult for them (at Registro Civil) to understand it because the law said "native" but SC asserted that distinctions among Argentinians are discriminative. In the worst possible scenario an amparo (class action) might be needed but this is fast, simple and inexpensive.

Regarding traveling abroad, if they deny your re entry at Ezeiza, it can be solved with an habeas corpus but, after that, you are going to need to regularize your legal situation (citizenship or legal residency) because the DNM is going to be aware that you exist. Normally there should´n be issues regarding to re-entry. However, its up to political mood and the immigration agents have wide freedom to decide to enforce if they feel ultra nationalist that day.

Regards

 

[Bajo_cero2]

There is no mistake.

You have to go to Renaper and they might say yes or not.

The same at Court.

There are some SC precedents that says it is possible, some others say they have to wait until they are 18. It is not very straight forward and it needs legal interpretation.

The precedent you quoted is regarding decrees. I was not referring to that precedent.

 

[ElCordobés]

Thanks Bajo! At least there's a possibility the Registro will do it (and have the authority if they choose to do so). I will hopefully have some information from the director (or her secretary) of the registro in Cba next week.

 

[ElCordobés]

My wife got *the call* today. Her oath is next week Monday at 10 am, but she was told not to have anyone come until later since there won't be much room and they just have to review things (I was told the same when I received a run down of what to expect...I had been told to expect my call in late April, early May).

I have an odd question. She would be choosing the 3rd oath option. Does she simply answer: "Sí" or is there some formal way to say it. For instance, wedding for vows in English...you say "I do" where "yes" would work, but it doesn't sound right. If we only have to say one or two words in front of the judge....we'd like to get it right.

1) Juráis por Dios y estos Santos Evangelios respetar fielmente la Constitución Nacional y las Instituciones de la República?

2) Juráis por Dios, respetar fielmente la Constitución Nacional y las Instituciones de la República?

3) Juráis por la Patria y vuestro honor respetar fielmente la Constitución Nacional y las Instituciones de la República?



1) Do you swear by God and these Holy Gospels to faithfully respect the Constitution and the institutions of the Republic?

2) Do you swear by God, faithfully respect the Constitution and the institutions of the Republic?

3) Do you swear by the Homeland your honor and to faithfully respect the Constitution and the institutions of the Republic?

 

[Bajo_cero2]

No, she has to say "si juro" or nothing happends.

 

[ElCordobés]

I'm married to an Argentine woman! Very straight forward today. We arrived about 9:50. They asked she be there at 10. We waited 2-3 minutes. They pulled her file and applied her right thumbprint and she signed. The clerk told another woman and my wife what the process would be and that it would be Oath #1 and to say "Sí, juro" They advised the oath would be at 11:30 and that we could pass the time at the cafeteria on the top floor. It has a great view of the city since it's on the university campus and the only tall building. She enjoyed a cafecito while I went to pick up my daughters at school. We had included notes to the teachers and administration as to the plan for the day. When I received many congratulations form the teachers and administration and we raced back to the court.

At 11:00am we returned to the juzgado's floor and a short time later they directed us one floor below for the oath. Once there, the main clerk called out names to confirm who was present. It was approximately 20 people. Just after 11:30 they called the petitioners of citizenship into the chambers of the judge...a large bright room. Then just two minutes later the family members who lined up behind. Two petitioners had been asked to step to the side as they were the ones who had requested the secular oath. Most did the oath #1 Including my wife...she had catholic down on the original petition...true, but she's not practicing. Two did the secular oath. A young Chinese woman and a Jewish girl who was 12 (both her parents are Argentine-born, but she was born in Israel). No idea why she needed a carta rather than going straight to the registro.

The judge read the oath to the larger group and then again to the two others. That was it. We took a couple photos of my wife with the girls in front of the flag. The judge asked where we were from. We had a nice brief exchange with the judge. Interestingly, I had learned a bit about him several weeks ago--he's a child of a desparecido--was sworn in late last year. Then we returned to the juzgado to wait for the cartas...we were told it would be a few minutes...it was about 90 minutes. They had told us to be patient on this day...It was not a big deal (I won't be bringing my girls again for my oath).

During the wait--my clerk from the other juzgado happened to pass through. On his way out, he stopped and chatted with me for a minute and told me expect the oath next week--not yet finalized but that's what he was anticipating.

The main clerk came back with the cartas...everyone huddled around and she explained what we were getting. An original, and two certified copies, and the certified sentence. They told us to present at the main office of the registro and once we have the DNI to return a copy (front and back) to the juzgado which is the final step to close the file.

Like good Argentines...they gave preference to the 12 year girl and my wife when distributing the cartas first since we were with our 3 and 7 year old. (Unfortunately for the 12-year old...there was a misspelling on her carta...they were resolved it)

Other notes. I had brought copies of everything just in case. We didn't show anything...they didn't even positive ID anyone. Presumably they knew everyone, but I still thought it was surprising. .

I waited until everyone received their cartas and then asked the clerk about my daughter's case (7-year old born abroad) and noted the "nativo" issue from the citizenship law. She told me that the registro would issue my daughter a DNI argentino. I confirmed that I wasn't seeking permanent residence (she already has)--but citizenship. She reconfirmed...yes...they should do it, but that will be up to the registro. So we will see. Finger's crossed.

So I will hopefully have my turn next week or the week after and then we'll head to the registro with the cartas, all birth certs (translated, legalized, Apostilled) and my kids and hope the process all of us.

I'll take this thread to its end and will try to compile the process into a single document here and/or in a blog post.

 

[Bajo_cero2]

They have nationalized parents, that's why they applied for opcion at Court.