Immigration For Dummies

[cafeamericano]

Any "yanquis" (U.S. citizens) out there have any more information about the FBI Criminal Record?

I found out in December that the UBA admitted me to study in a master's program--but it starts in March! So little time. I checked the FBI's website to see how long it takes and it states, "Current processing time is 12-14 weeks". Ain't nobody got time for that!

Help?

Hey, if you look on the FBI website there is a list of "expediter" companies. They are companies authorized to work with the FBI and they can get it done in a few weeks (I think mine ended up being 2 weeks). I used national backgroud check, but I think they all work the same. I would reccomend doing the live scan because they save your fingerprints and if you ever need the report renewed you can order it from anywhere in the world since it is all electronic (you still need to receive the hard copy of the results, but you don't physically have to go anywhere to order it).

 

[cafeamericano]

Does anyone know how to go about translating documents if you are applying for a visa from your home country? If I were in Buenos Aires I could use the list of recognized translators, but I am doing this from the US. Do I need to send the documents electronically to one of the recognized translators in Argentina? Or is there someway to get it done in the US?

 

[jenis]

As a lawyer who has completed my own citizenship process, I want to respectfully correct a few misconceptions.

"The two year "residency" requirement for citizenship does not entail a constant presence in Argentina for two years and your "two years" may have begun the first time you set foot on Argentine soil.;If you are about to make your ninth visit it's reasonable to assume that your first was well over two years ago,"

Based on the leading cases on citizenship, it is very unlikely that 9 visits for less than 18 days each will meet the threshold to establish a the required intention to reside in Argentina.

"That means you "should" be able to apply for citizenship as soon as your next arrival. Because you don't have "official residency" granted by migraciones and don't have a DNI you will need a lawyer. The fee charged by the most successful lawyer was $6500 USD the last time I read about them in this forum."

If a local lawyer or any lawyer, or anyone else for that matter tells you this will qualify, I would be very careful. Fees vary by lawyer but one thing is certain, there is no guarantee with respect to the citizenship process and it is an entirely discretional judiciary decision based on the interpretation of the Constitution, the Immigration Law, along with previous judicial decisions at varying court levels. There are no hard and fast rules because the Civil Code here does not cover citizenship.

"Personally, I don't recommend overstaying the prorroga de permanencia (extension) of your 90 day tourist visa unless you have already started the citizenship process. New policies in effect could result in deportation, but once you apply for citizenship your lawyer would be in a position to "fight" for your right to stay."

You shouldn't have any problem getting one extension of the tourist visa at migraciones, but you may not be able to get another extension of a new 90 day visa in the same 12 month period: i.e. you might have to stay out of Argentina for six months before migraciones would grant an extension of a new tourist visa. They are getting pretty strict and they are counting the exact number of days when enforcing the regulations.

 

[jenis]

PS: If you apply for citizenship will need to "prove" that you have an honest means of living. If you are going to be living off your saving for a couple years I suggest that you have a CPA or bank officer write a letter (with the letterhead of the bank) to verify the existence of the funds and how you can access them when you are in Argentina;.

You might consider opening a trust account which is linked to your savings/checking account from which you can make ATM withdraws in Argentina. The funds could be invested in CD's that mature in 90 days, six months, or one year and are automatically deposited into your personal account.

This might also be acceptable to migraciones if you want to apply for temporary residency. The monthly income you would have to receive is currently $30.000 pesos. (about $2000 USD). If this is savings that you earned before getting temporary residency you should not have to pay income tax on those funds in Argentina, and as long as you are a only a temporary resident, you don't have to declare those funds or pay the bienes personales tax on them. As migraciones will want "proof" that you can meet the income requirement for temporary residency, you would need to have two years of available funds (about $50,000) in savings to get the visa rentista or pensionado.

​If you do not have the required documents of the Rentista Visa (property lease/rental contract, bank verification of payments, etc.) and proof of official retirement (Pensionado), you will not qualify for either of these residency categories.

You might (probably would) have to deposit another $25,000 USD when you renew the visa (at least the first time). Once your Social Security income begins you can include that instead of making a deposit for the second and third renewals of your temporary residency, but at that point you might as well go for citizenship if (based on what the lawyer tells you) you did not apply for citizenship in the first place

It might be helpful to bring your latest "statement" from Social Security that shows how much your monthly benefits will be, but it probably won't carry the same weight in the court that grants citizenship as an official benefits letter that you will only be able to get after you start receiving monthly payments. The annual statement from Social Security that projects future benefits will be 100% useless at migraciones.

if you apply for residency at migraciones you will need the FBI report that is less than 90 days old when you submit the paperwork.

If you apply for citizenship you will need to show your "honest means" of income and copies of your passport. If your first visit to Argentina was in a previous passport I suggest you also bring it, but the court will no doubt check with migraciones to verify the date of your first entry. The court will also ask for a certificado de domiclio which of course you will get here. You won't need to get an FBI report until/unless the court asks for it.

 

[jenis]

PS: If you apply for citizenship will need to "prove" that you have an honest means of living. If you are going to be living off your saving for a couple years I suggest that you have a CPA or bank officer write a letter (with the letterhead of the bank) to verify the existence of the funds and how you can access them when you are in Argentina;.

You might consider opening a trust account which is linked to your savings/checking account from which you can make ATM withdraws in Argentina. The funds could be invested in CD's that mature in 90 days, six months, or one year and are automatically deposited into your personal account.

This might also be acceptable to migraciones if you want to apply for temporary residency. The monthly income you would have to receive is currently $30.000 pesos. (about $2000 USD). If this is savings that you earned before getting temporary residency you should not have to pay income tax on those funds in Argentina, and as long as you are a only a temporary resident, you don't have to declare those funds or pay the bienes personales tax on them. As migraciones will want "proof" that you can meet the income requirement for temporary residency, you would need to have two years of available funds (about $50,000) in savings to get the visa rentista or pensionado.

​If you do not have the required documents of the Rentista Visa (property lease/rental contract, bank verification of payments, etc.) and proof of official retirement (Pensionado), you will not qualify for either of these residency categories.

You might (probably would) have to deposit another $25,000 USD when you renew the visa (at least the first time). Once your Social Security income begins you can include that instead of making a deposit for the second and third renewals of your temporary residency, but at that point you might as well go for citizenship if (based on what the lawyer tells you) you did not apply for citizenship in the first place

It might be helpful to bring your latest "statement" from Social Security that shows how much your monthly benefits will be, but it probably won't carry the same weight in the court that grants citizenship as an official benefits letter that you will only be able to get after you start receiving monthly payments. The annual statement from Social Security that projects future benefits will be 100% useless at migraciones.

if you apply for residency at migraciones you will need the FBI report that is less than 90 days old when you submit the paperwork.

If you apply for citizenship you will need to show your "honest means" of income and copies of your passport. If your first visit to Argentina was in a previous passport I suggest you also bring it, but the court will no doubt check with migraciones to verify the date of your first entry. The court will also ask for a certificado de domiclio which of course you will get here. You won't need to get an FBI report until/unless the court asks for it.

 

[srtamollygreen]

Does anyone know how to go about translating documents if you are applying for a visa from your home country? If I were in Buenos Aires I could use the list of recognized translators, but I am doing this from the US. Do I need to send the documents electronically to one of the recognized translators in Argentina? Or is there someway to get it done in the US?

Which kind of visa are you applying for? I currently work for a translation agency stateside (for a few more days) and process these kinds of translations on the daily. We only use ATA certified translators. I will send you a PM.

 

[srtamollygreen]

Hey, if you look on the FBI website there is a list of "expediter" companies. They are companies authorized to work with the FBI and they can get it done in a few weeks (I think mine ended up being 2 weeks). I used national backgroud check, but I think they all work the same. I would reccomend doing the live scan because they save your fingerprints and if you ever need the report renewed you can order it from anywhere in the world since it is all electronic (you still need to receive the hard copy of the results, but you don't physically have to go anywhere to order it).

This is so helpful! Thank you. I will be working on this today. Do you mind if I PM you if I have any more questions about it?

 

[cafeamericano]

This is so helpful! Thank you. I will be working on this today. Do you mind if I PM you if I have any more questions about it?

Sure no problem

 

[srtamollygreen]

I did the background check back in 2012... I wonder if there is any short cut... It's been 5 years.

 

[Bajo_cero2]

Jenis, please learn how to quote properly, it is easy.

1) i do not understand you. Are you a lawyer?

2) your comment about the intention of residence shows that you do not understand what are you talking about. Do not worry, most of the judges neither.

FYI the time you are abroad counts as you are here if your lawyer know how to explain it, i suggest you read the new CC that enacted the SC doctrine that states that to live here means a) to be here B ) or to come back here where your home is. it is the same concept that was use for the last 3000 years regarding ownership of sheeps. If the sheeps come back to the shepherds house every night, he owns them, otherwise they are wild.

However, there is a lot of debate and it is a fight. It is not that simple.

On Dezember 30th I was granted on 2 appeals before Supreme Court where I am debating about to apply with a few months in Argentina.So, Supreme Court is going to enact a decision on that topic.

Days before another chamber of appeals acepted a case with 3 months here while the leading case was from a member of this forum on a case in a Federal country side Court where it was accepted with 1 year.

Cases are normally acepted by first instance judges but, if rejected, the chamber confirms it.

So, it is not that simple but here in CABA you have 40% chances that you case is on if you apply before the 2nd year.

3) The requirements at the law are for getting the citizenship. The decree has requirements to apply but decrees cannot go further than the law (in theory).

4) Discretion at Court... They are normally arbitrary, sure. The work of your lawyer is to enforce your rights, the law and the bill of rights. The main issue in citizenship is that judges enforce the abolished bill of rights of 1949 that was very alike the nazi one.

5) You mentioned the immigration law regarding citizenship. There is no relationship.

6) Hard and fast rules? Explain it please.

7) if you do not qualify for a residency at immigration, you probably qualify at Court for citizenship.