Immigration For Dummies

[Bajo_cero2]

That is, having arrived once as a tourist and having left after 2 months, you can return in 2-3 years and apply for citizenship?
But now they have passed a new law, according to which it is necessary to live 2 years with DNI. The time of residence on a Precaria for citizenship is now not counted, and residence on the Transitory is also not counted.

The DNU 70/2017 was declared unconstitutional.

 

[seniels]

Hi everyone,

I've read through the entire thread just for the sake of confirming I'm not repeating a situation/questions that have already been asked --
I am in Buenos Aires for a master's program and recently received my precaria; I also received the receipt for the DNI which I am going to go pay at a Banco Provincia first thing this week. Is there anything else I need to do for the DNI other than this?

-Does anyone have an idea on timeframe for the DNI and the real residency? I've heard it takes between 1-3 months but wanted to see if anyone had a recent experience. I'm worried I might not be living at the same address as I have listed -- does anyone know what I should do in that case?
-- Lastly, from here with my precaria I'm able to go to ANSES and get a CUIL in order to start looking for jobs, correct?

Thank you all so very much for the wealth of information!

 

[ahmad.saed]

Hello everyone , how are you ? I hope all be good !
my name is Ahmad , I am Syrian ,and I have been in Buenos Aires since 20 days
and I need some help with instructions and information
I appreciate so much if you can contact with me
Thank you..

 

[rcrt]

Good morning. I'm a US citizen and I have been living in Argentina for nearly 2 years. I got married last June and this January I sent my fingerprints to the FBI to get my background check. It came back clean, but after that I got very, very busy with a teaching job and the push for residency fell off the radar. I still need to get the apostille, get it all translated and legalized, and then also get some Argentine paperwork, but other than that I'm home free (I think?)

My question is this: is there a business or service that can assist me to complete this process for cheap? And what is the best way to get documents apostille'd from within Argentina? Sorry if these questions are a repeat. Thanks again!

 

[steveinbsas]

Good morning. I'm a US citizen and I have been living in Argentina for nearly 2 years. I got married last June and this January I sent my fingerprints to the FBI to get my background check. It came back clean, but after that I got very, very busy with a teaching job and the push for residency fell off the radar. I still need to get the apostille, get it all translated and legalized, and then also get some Argentine paperwork, but other than that I'm home free (I think?)

My question is this: is there a business or service that can assist me to complete this process for cheap? And what is the best way to get documents apostille'd from within Argentina? Sorry if these questions are a repeat. Thanks again!

If your FBI report is over 90 days old you may have to provide a new one, even if you have not left Argentina since it was issued. Either way, I believe it must be "certified" by the U. S. State Department (as opposed to receiving the Apostille). I am not sure if the reports can be sent directly to Argentina. If they don't it will be cheaper to have someone you know sent the report to you than have an "expediter" do so.

If you are applying for permanent residency based on your marriage you shouldn't need the Apostille for any other documents (if you were married in Argentina) with the possible exception of your birth certificate. If they ask for that it will have to receive the Apostille in the USA.

You can request a new birth certificate with the Apostille from the Secretary if Sate in which you were born or you may be able send the one you have to a company like apostille.com in the USA. I don't know of any way to get the Apostille for a foreign document in Argentina. If you need a birth certificate with the Apostille the cheapest way will be to order and pay for one (with the Apostille) on line and have someone you know send it to you in Argentina.

It all depends on what this means: "PARTIDA DE NACIMIENTO Y LA RELATIVA AL ESTADO CIVIL DE LAS PERSONAS, según la causa de radicación invocada." I'm not sure what they will accept as "proof" of your "civil status" in the USA as there is no formal registry for that and I don't remember reading any posts regarding how any US residents fulfilled this requirement.

If you apply for permanent residency after an overstay of less than two years the overstay fee will be $4500 pesos. If the overstay is between two and four years, the fee will be $9000 pesos (in addition to the fee for permanent residency which presently is $6000 pesos).

If you have (or will have) been living in Argentina for nearly two years (without interruption) you can apply for Argentine citizenship. Go to the federal court that has jurisdiction where you live and ask if you can apply for citizenship without a DNI. If they say yes you'll only have to provide evidence of an"honest means of living" and a certificado de domicilio. They may ask for an FBI report but not until well into the process.

PS: Applying for citizenship will be cheaper than applying for permanent residency, unless (because you don't have a DNI) you have to pay a lawyer and that would undoubtedly cost thousands of dollars.

 

[steveinbsas]

It all depends on what this means: "PARTIDA DE NACIMIENTO Y LA RELATIVA AL ESTADO CIVIL DE LAS PERSONAS, según la causa de radicación invocada." I'm not sure what they will accept as "proof" of your "civil status" in the USA as there is no formal registry for that and I don't remember reading any posts regarding how any US residents fulfilled this requirement.

Hopefully, (as you are already married) this means migraciones is asking for the birth certificate of the Argentine partner and proof of your marriage in Argentina...nada mas.

 

[steveinbsas]

If you have (or will have) been living in Argentina for nearly two years (without interruption) you can apply for Argentine citizenship. /QUOTE]

The above sentence should read: If you have (or will have) been living in Argentina for nearly two years (without interruption in the next year) you can apply for Argentine citizenship (depending on how well your lawyer is able to present your case).

Two years of residency (defined as an uninterrupted physical presence) is required to obtain citizenship, but a "good" lawyer may be able to start your case as much as a year prior to the date the two year requirement has actually been fulfilled.

 

[jenis]

Good morning. I'm a US citizen and I have been living in Argentina for nearly 2 years. I got married last June and this January I sent my fingerprints to the FBI to get my background check. It came back clean, but after that I got very, very busy with a teaching job and the push for residency fell off the radar. I still need to get the apostille, get it all translated and legalized, and then also get some Argentine paperwork, but other than that I'm home free (I think?)

My question is this: is there a business or service that can assist me to complete this process for cheap? And what is the best way to get documents apostille'd from within Argentina? Sorry if these questions are a repeat. Thanks again!

This answer is assuming you applied for residency as the spouse of an Argentine. Argie documents do not require apostilles. Your wife only has to present her DNI. They do not ask for birth certificates from Argies. You should check with Migraciones re your FBI check because although they have a stated 90-day validity, often if you have not left the country and returned to the U.S., they will accept the one you have as long as it does not pass 6-9 months but this is entirely discretional despite what the web site and others say. Given the date of your FBI check, I would go in person to the Migraciones office you are applying at and ask. If they say it would likely be accepted, use an expediter to get the apostille. Worst case, you will have to get a new FBI check and my advice if this happens, is to get it apostilled in the U.S. BEFORE having it sent to you here. Good luck with your residency.

 

[steveinbsas]

You should check with Migraciones re your FBI check because although they have a stated 90-day validity, often if you have not left the country and returned to the U.S., they will accept the one you have as long as it does not pass 6-9 months but this is entirely discretional despite what the web site and others say.

If it is "entitrely discretional" what are the chances you would be told your FBI report is OK even though the date of issue is not past six or nine months when you ask the first time and be told it is not acceptable when you actually submit the papers (even if it is within an unwritten and unofficial grace period) ? What are the chances you would even be able to ask the same person?

Given the date of your FBI check, I would go in person to the Migraciones office you are applying at and ask. If they say it would likely be accepted, use an expediter to get the apostille. Worst case, you will have to get a new FBI check and my advice if this happens, is to get it apostilled in the U.S. BEFORE having it sent to you here. Good luck with your residency.

Given the fact that you have already overstayed your tourist visa I would not go to migraciones in person to ask them anything. It is quite likely they would ask to see your passport and discover the overstay. Depending on how "strictly" they are "enforcing" the DNU 70/2017 you could be subject to arrest.

Perhaps this is something your Argentine wife can ask with a phone call. At the least, I suggest you wait until Dr. Rubliar provides the latest information regarding the current level of enforcement. I'm inferring from jenis' post that an FBI report that was issued more than nine months ago would probably not be accepted.

It's been quite a while since I researched the subject, but the last information I had was that it is possible (if not required) to request the "certification" of the FBI report by the State Department when you first request the report. I don't think they the term Apostille, but that may have changed in the interim.

My advice is to be "as sure as possible" that you have ALL the paperwork you will need when you go to migraciones to apply for the permanent residency. If a "certificado de domicilo" is one of the requisites, I don't think it's likely you would be arrested while they send the police to check on your address.

If your FBI report is up to date, has the Apostille and is translated and legalized I don't think you will have any problems. Hopefully, you'll only have to pay the overstay fee and the fee for the permanent residency. If I were you I wouldn't go to migraciones without the number of a good "immigration" lawyer who knows who you are and would be "available" in case you had to make a call. I certainly would NOT go based on the advise of anyone in this forum who is NOT an "immigration" lawyer in Argentina, including me.

 

[jenis]

If it is "entitrely discretional" what are the chances you would be told your FBI report is OK even though the date of issue is not past six or nine months when you ask the first time and be told it is not acceptable when you actually submit the papers (even if it is within an unwritten and unofficial grace period) ? What are the chances you would even be able to ask the same person?



Given the fact that you have already overstayed your tourist visa I would not go to migraciones in person to ask them anything. It is quite likely they would ask to see your passport and discover the overstay. Depending on how "strictly" they are "enforcing" the DNU 70/2017 you could be subject to arrest.

Perhaps this is something your Argentine wife can ask with a phone call. At the least, I suggest you wait until Dr. Rubliar provides the latest information regarding the current level of enforcement. I'm inferring from jenis' post that an FBI report that was issued more than nine months ago would probably not be accepted.

It's been quite a while since I researched the subject, but the last information I had was that it is possible (if not required) to request the "certification" of the FBI report by the State Department when you first request the report. I don't think they the term Apostille, but that may have changed in the interim.

My advice is to be "as sure as possible" that you have ALL the paperwork you will need when you go to migraciones to apply for the permanent residency. If a "certificado de domicilo" is one of the requisites, I don't think it's likely you would be arrested while they send the police to check on your address.

If your FBI report is up to date, has the Apostille and is translated and legalized I don't think you will have any problems. Hopefully, you'll only have to pay the overstay fee and the fee for the permanent residency. If I were you I wouldn't go to migraciones without the number of a good "immigration" lawyer who knows who you are and would be "available" in case you had to make a call. I certainly would NOT go based on the advise of anyone in this forum who is NOT an "immigration" lawyer in Argentina, including me. View attachment 5100

To clarify Steve, I am actually a lawyer and have been processing residency applications for the past 5 years. And I do not nor have I ever given out my contact information on this website in an effort to secure clients. I do however read certain subjects on this website when an email reminds me to in respect of a topic I am following.

Since the poster's situation is pretty much as straightforward as they come, I decided to make an exception and respond before I read various answers that provide incorrect information and advice. Perhaps I got ahead of myself. In any event, Steve you do make a valid point re the overstay because technically the poster has irregular status at the moment. If he appeared with a copy of his Argentine's wife's DNI, his marriage certificate and the FBI check that he has, I highly doubt he would have an issue at Migraciones if he were to make inquiries. And removal orders are not only rare here but the most recent DNU 70/2017 which was designed to make deportations easier, was struck down and declared unconstitutional at the Adminstrative Courts. I do not know if it was appealed but for the moment, it has no legal standing.

Given that Migraciones has and continues to make some decisions on an individual basis, the only word that comes to mind is discretional. Laws and rules are by nature open to interpretation and often are applied in a discretional fashion.

Re the FBI check. It does require an apostille from the USSD in Washington. When you request your FBI check and tick off the box for Travel and Visa, the FBI automatically send you the one that requires an apostille from the federal government. A state level authentication, certification or otherwise is not accepted by Hague Convention signatory states, such as is the case with Argentina and the U.S. It must be an apostille issued by a federal authourity. I say this with caution because some Migraciones officers have accepted them in the past although it should not have happened. Again, the word discretion comes to mind.

Considering that the poster said that he was preparing all of his documents and seemed ready to go, notwithstanding the fact that he overstayed his visa, he can select a turno NOW and with his marriage licence in hand, his wife's original DNI, a certificado de domilio/utility bill in his name, and his antecedentes penales argentinos, he can start the process and askI IT IS NOT necessary to have the FBI check right from the get go. Since his FBI check is already almost 8 months old and taking into account that he is married to an Argentine, he doesn't have much time before they will certainly require him to get a new one.