Immigration For Dummies

[Bajo_cero2]

This is the most misleading statement you have made to date.

Really?
(She refers that "if you do not qualify for residency, then you probably qualify for citizenship").

The factors for not qualifying for residency are unlimited and depend on the category, but not qualifying for residency does not mean "you probably qualify for citizenship".

Well, let´s see. For getting citizenship you need to be 18 years old, to apply for it before a federal judge and to have lived here for 2 years.
IL forbids residency with illegal entry, CL allows it.
IL forbids residency with deportation order, CL allows it.
IL forbids residency with working under the table, CL allows it.
IL forbids residency with criminal records, CL allows it under certain circumstances.
IL requieres that you full fit a visa category, the CL doesn't.
And so on.

Some factors that can disqualify a residency approval are : having a criminal record in another country, lack of or no credible documents to prove nationality, not having sufficient proof of financial resources for a pension, lack of or insufficient documents to prove property rental income, etc. and the list goes on.

¿?

I have read more than enough citizenship case decisions over the past 3 years, at all levels from first instance all the way to the Supreme Court, to be more than convinced that there is no way any lawyer can say that "if you don't qualify for residency then you probably quality for citizenship"without putting his client's interests at serious risk.

Until now you have evidenced that you do not understand the legal system of this country.

Part of our job as lawyers is to be honest with clients about their prospects for success and not to line our own pockets at their expense, especially when we know they don't have a snow ball's chance in hell of succeeding.

With all my respect, talk about yourself. You are not even a lawyer licensed to work in this country while I won over 150 cases under the circunstances you critize.

FYI, because you have no idea about it, the ethics law forbids licensed lawyers to promise success.

There are as many opinions as lawyers but success (the evidence that the theories, knowledge and skills are togheter) is what makes lawyers to be recommended by his previous happy clients. This is the way it works here.

You quote the issues in your cases all the time but fail to mention the caratula (name)

Seems that now you do not even understand what professional secret is...

In fact, because this process is one that does not require a lawyer, the courts have an unwritten policy to help applicants as much as they can. I do not however endorse following the advice of court clerks as they are not lawyers and often lead you on wild goose chases.

This assert is hilarious.

As such, I strongly recommend NOT trying to do this process without a lawyer because procedural law here in Argentina is quite complicated and courts are often very inefficient so having a lawyer is almost a necessity if you want to have a chance at success.

I disagree. If you apply without a lawyer, you loose the chance of the automatic dismissal of the first judge the Chamber assigns you. But if you are lucky with the judge you got, you can do it yourself. If nothing happens, then you can hire a lawyer.

Dr. Rubilar, if you wish to exchange opinions, I would ask that you do it in a way that is not insulting or condescending.

I´m not interested in exchanging opinions with you, I' m a professional, not a blogger.

I dedicated some time to correct all your false asserts / mistakes / lack of experience only because I'm super bored lying at bed after an operation.

I would also respectfully request that you refrain from posting potentially misleading statements such as this one because this does a great disservice to foreigners who are looking for ways to remain here by obtaining their DNI's through the residency process or by obtaining their citizenship.

Well, my assert was 100% correct so, I would also respectfully request to do not pretend to be a licenced lawyer of this country because then you can mislead foreigners who read you.

If I misunderstand you again and you have an Id of the Bar Association, the explicit your tomo y folio because you have wroke no less than half of the ethic duties of the Bar Association Ethics Law.

 

[Ceviche]

I'm lying at bed after an operation.

I hope you are well, Bajo. What happened to your health?

 

[Bajo_cero2]

Not big deal, it is only painful.

 

[jenis]

How to quote for dummies:

Again, your incredible rudeness along with your arrogance continue to be your hallmark. Insulting someone who disagrees with you is childish and ignorant, but insulting a colleague who disagrees with you is sad because it clearly demonstrates you have no regard for the profession nor do you understand the nature of what our profession is all about.

You click quote, then you see this:

quote name='jenis' timestamp='1484930972' post='337582'
/quote

You copy the sentence you want to quote in between.

(I erase the [] for didactical purpouses)

 

[jenis]

mmmmmmmm, I´ m sorry, my question was tricky because your reply mislead people who read it.

You have done your own case of citizenship, congratulations, you do not need a lawyer for that. Most of the immigrants who apply for citizenship does it their selves.

Here you have just restated exactly what I said. I already pointed out that lawyers are not needed of this process, and I also stated that I do not recommend this approach because of how complicated civil procedure is here in Argentina.

So, you are a lawyer from the United States of America where the legal system is based on common law while we are in a country where the legal system is not precedent based, instead, it works based on the law.

Incredible how you love to make assumptions.

If you knew what an LL.L. is or took the time to look it up, you would know that is it the degree given to lawyers from Canada who graduate with Civil Law degrees as we have a province (Quebec) which is civil law jurisdiction. I am assuming you know that Civil Law in English is Derecho Continental in Spanish. J.D. you no doubt understood to be American but Canadian law schools also confer J.D. degrees. And lastly, Austral is a law faculty here in BsAs wherein I completed part of my civil law degree on exchange, along with some Master's studies (which are not completed yet), as I stated.

Can you please explicit your local Bar Association id number?

You also must explicit your full name and your address.

According to the law, as far as you asserted that you are a lawyer and gave legal advice, your must explicit it.

I am not giving out legal advice Dr. Rubilar. And I am clearly aware of what the ethics rules are with respect to same here in Argentina. I am providing my personal opinion based on my own experience and since I happen to have a better understanding of the Argentine legal system than many non-lawyers on this forum, my experience and information are stated here for others to consider, not to follow as legal advice.

If you understood the concept of providing legal advice or a legal opinion, then you would know that it means to do so within the parameters of a specific set of facts, usually provided by the client, and in exchange for compensation. It is done with no compensation then it is called Pro Bono.

Don't panic Dr. Rubilar, I am not planning on becoming your competition but if I decide to get my degrees recognised here and then get my matricula (licence #), you will be the first to know.

Mine is t 97 f 620 for CABA and t 107 f 451 for federal Courts of the country side.

I m Christian Demian Rubilar Panasiuk and my law firm is at Lavalle 1506 8th floor.

 

[Johnny]

Handbags !

 

[jenis]

Really?
(She refers that "if you do not qualify for residency, then you probably qualify for citizenship").

Yes, really. There are many more refusals at the Supreme Court level then successful cases. If anyone can read enough Spanish to understand them, I would invite them to look them up. Many are published on the web.

Well, let´s see. For getting citizenship you need to be 18 years old, to apply for it before a federal judge and to have lived here for 2 years.
IL forbids residency with illegal entry, CL allows it.
IL forbids residency with deportation order, CL allows it.
IL forbids residency with working under the table, CL allows it.
IL forbids residency with criminal records, CL allows it under certain circumstances.
IL requieres that you full fit a visa category, the CL doesn't.
And so on.



¿?




Until now you have evidenced that you do not understand the legal system of this country.




With all my respect, talk about yourself. You are not even a lawyer licensed to work in this country while I won over 150 cases under the circunstances you critize.

I did not represent myself as a lawyer who is licensed to practice in this country. You really should refrain from inventing things as it only makes your arguments weaker.

FYI, because you have no idea about it, the ethics law forbids licensed lawyers to promise success.

Not sure where I promised success, or implied that you did. I said that you should refrain from stating "almost absolutes" such as using the word "probably" which in English means "very likely".

There are as many opinions as lawyers but success (the evidence that the theories, knowledge and skills are togheter) is what makes lawyers to be recommended by his previous happy clients. This is the way it works here.

I would agree completely with this statement. Not sure what it has to do with our discussion though ...


Seems that now you do not even understand what professional secret is...

I believe you are the one who is confused as to the definition of professional secrecy. Clients are the only ones who can direct a lawyer to release his/her information related to a case. HOWEVER, if the information is freely available to the public through the court record, then no breach of professional secrecy obligations has occurred.


This assert is hilarious.



I disagree. If you apply without a lawyer, you loose the chance of the automatic dismissal of the first judge the Chamber assigns you. But if you are lucky with the judge you got, you can do it yourself. If nothing happens, then you can hire a lawyer.

Again, as a lawyer, you should read more carefully. The citizenship process is quite complicated and AS I SAID (twice), I strongly recommend NOT to apply without the assistance of a lawyer.

I´m not interested in exchanging opinions with you, I' m a professional, not a blogger.

You may be a lawyer by profession as am I, but your attacking a person, or colleague, who does not agree with you and then making unfounded accusations and blanket attacks on issues that are entirely irrelevant and in this case, lacking an information base, is not what I would refer to as very professional.

For the record, I am not a blogger but since I am now interested in this topic after my own experience, I will start to watch your responses in this forum if for no other purpose than to act as a bit of a watchdog.

It is clear to me that one of the motivating factors for your aggressive attack is to protect one of your marketing tools, which is this forum. I would suggest that you consider another approach as I think your behaviour may actually have the reverse effect and turn some people off given especially when you insult and then attack with statements that are either not true, or were never made.

I dedicated some time to correct all your false asserts / mistakes / lack of experience only because I'm super bored lying at bed after an operation.

My sincerest wishes for a full recovery Dr. Rubilar.

Well, my assert was 100% correct so, I would also respectfully request to do not pretend to be a licenced lawyer of this country because then you can mislead foreigners who read you.

If I misunderstand you again and you have an Id of the Bar Association, the explicit your tomo y folio because you have wroke no less than half of the ethic duties of the Bar Association Ethics Law.

 

[jenis]

Well, the answer is the following (and I apologize in advance but you put yourself in this situation):

You asserted that you were reading the precedents of the last 3 years. Nice.

No Dr. Rubilar, I stated that I have read the precedents OVER the past 3 years. During the 3-year period, I read hundreds of cases dating back to the 1990s and also read doctrine, the two laws that are/were pertinent and of course, consulted with several colleagues who are far more immersed in the subject than I was/am.

I´m sorry for you because you do not realize that you confessed that you were reading a tiny part of my debate with the chamber of appeal of this city. The debate is finished by the Supreme Court, not the chamber of appeals because judges do not have the duty to follow it.

Judges never have an obligation to follow precedents in Argentina because precedents are not binding here; stare decisis is not an accepted doctrine here. HOWEVER, judges at all levels look to the leading cases, take them into account and cite them in their decisions just as they do in Common Law which has translated into leading cases becoming authoritative -- this means that although not binding, they will be followed once established as authoritative.

In fact, the first instance prosecutors changed their opinion recently and half of the judges of the first instance agree with me because I achieved to change their minds.

The skill of a lawyer is not only the knowledge of the law, instead, how to enforce it.

Lawyers do not enforce the law. Police officers enforce it. Judges and lawyers apply and interpret it.

The last day of December 2 appeals before Supreme Court were granted and I have another 70 complaints before Supreme Court for appeals that were denied.

FYI we have the same citizenship law since 1869. My reply as a professional was regarding my knowledge of all the Supreme Court decision since then, plus over 50 leading cases I achieved all around the country plus all that was written plus all the precedents of the chambers of appeals of all the country, plus the reading of the debates of the Congress, the abolished Constitution of 1949, the law of the Spaniard Crown before the Revolution and so on. I´m sorry, I m a lawyer from the UBA not from the Austral.

You also confess that you do not understand how the legal system works here because the precedents are not like a law (stare decisis) in this country.

See above.

You mentioned the CC as a grey zone...I suggest you first read it and then you are going to realize how silly was your assert (no offense) because it says the same than me. I you read a CC commented by professionals, they quote the SC case I was referring. There is a CC commented by the Supreme Court Judges you can download for free.

The biggest complaint about the new CC is how poorly it is written, and as such, legal scholars and lawyers alike are all very concerned about how it will be interpreted because of the wording.

If this doesn't create a grey zone, then I must be discussing medicine and not law. Words are the bane of the law. Period. And if they are not clear in the law/legislation/codes, they will be left open to a wide variance in interpretation, and this in English is what we call a grey zone.

 

[Bajo_cero2]

Jenis, i explained you how to quote, do it properly. Your ignorancy and arrogancy is annoying enough. To have to read your comments improperly quoted is too much.

If you post a legal opinion and assert you are a lawyer, then, you are confusing people because you are not a lawyer in this country. This is why I m aggresive with you, because we have a word for the way you behave: eso es ser chanta.

So, please, do not mislead people.

You mentioned that the citizenship procedure is a civil procesure, you are wrong. It is not a civil topic and it is not ruled by the civil procedure code.

Pro bono? interesting concept of the law of another country.
FYI your behaviour is described at the criminal code, illegal exercise of a profession that requires to have a bar id.

You invite people to read SC cases. Right. You made a statement about them [because you are a lawyer] but you do not give legal opinions. Interesting.

You mislead people because the cases are normally won at the first and second instance and rarely they are decided by Supreme Court so, your statement means nothing.

You asserted that many of them are in line. Wrong! All the SC precedent books are scanned and on line at the SC website.

However, to read them and to understand them are 2 different things.

Your statements only shows lack of understanding.

"Probably" vsus "very likely"... first read the ethics law instead of countinue talking about whatever or clarify: I m not a lawyer, so, I give b...it advice on line as every body else does.

The citizenship prodecure is super simple, perhaps you refer to xenophobia at Court. Ups, wait, you didn't´ even realize that they are applying an abolished procedure...no comments, it is Ok, you are not a lawyer.

You plan to be my watch dog? Seriously? i m not sure if I should laugh, cry or feel sorry for you. Next time I see Dr. Julio J. B. Maier or Dr. Alberto Bovino I 'm going to tell them the same, and they are going to be laughing for the next 10 years.

 

[Bajo_cero2]

This forum is a marketing tool? Right!
Perhaps that's why I didn't post here in a very long time. No comments.

I continue later.