Immigration Lawyer in Salta

[odyssea]

Need a referral. I have residencia and have been here...interrupted....over two years. Living around Salta and would like a face to face with a reliable, knowledgeable attorney who can manage somewhat in English. I can pursue the paper trail on my own; just need top notch information.

 

[steveinbsas]

Unless you're facing deportation why do you think you need a lawyer?

Is your question about visas or citizenship?

Why not just ask it here?

If you aren't satisfied with the results you can continue with your search for a lawyer.

Few Argentine lawyers appear to be familiar with issues regarding citizenship (or immigration) as there are so few foreigners who seek to obtain it.

There is one member of this forum who clearly is (and he is also an Argentine lawyer).

He has also been very generous with information on the subject.

 

[Bajo_cero2]

You can find a thread about citizenship, search it as "Argentinian citizenship for foreigners".
You can also read about citizenship here: www.rubilar.com.ar
Citizenship is an easier way to get regularized as soon as the requirements are lower.
Regarding residency, nowadays you must evidence an income of 2000 Us dollanrs from abroad, marrige with argentinian or to be the father of an Argentinian or an investment of 470.000 Us dollars or to be an student.
Regards

 

[steveinbsas]

Need a referral. I have residencia and have been here...interrupted....over two years. Living around Salta and would like a face to face with a reliable, knowledgeable attorney who can manage somewhat in English. I can pursue the paper trail on my own; just need top notch information.

If you need "reliable" information about what you will need to apply for citizenship just go the the juzgada federal closest to your domicile and ask for a list of the documents that you need to provide to apply for citizenship. Apparently it can vary slightly from one jurisdiction to another. I needed only my DNI, a photocopy of my birth certificate, a certificado de domicilio that was less than 48 hours old, and "proof" of my means of living (income).

If your question is about the two year residency requirement I can tell you that the important date is that of your first entry into Argentina, even if it was before you received residency. That is the date that starts the clock on your "residency" in Argentina as far as citizenship is concerned. It shouldn't matter if you left the country since that date, even if you were out of the country for months at a time, especially if you renewed your DNI annually, but that might not matter, either.

When I applied early this year I asked if they needed my passport or anything from migraciones showing how long I had been in Argentina. I was told that they did not because I had the DNI. The secretary who took my application looked for the date of my "entro al pias" in my DNI as she filled out the form for me. You can read about my experience with the process in the thread: Argentine Citizenship for Foreigners: Can it really be this easy?

If I understand correctly, if you have a DNI you don't need a lawyer and lawyers may actually be prohibited from representing foreigners with a DNI who apply for citizenship. If you just go to the office of the court you should have the answer to your question in a few minutes. You only need to find a lawyer if they tell you that you need one. No matter what a lawyer might tell you, its the judge who has the power. A good lawyer may be able to affect a judge's opinion, but only if he is allowed in the court in the first place.

 

[odyssea]

Thank you very much Steve. I have done much of the residencia paper chase myself last year, but did need a guide through the bureaucratic maze.

I am living near Salta now and wondered if I need to come back to BA to do either of the two following procedures:
1. renew my residencia temporaria acquired last year and ending 19/10 this year or,
2. apply for citizenship

I had lived in BA starting from 1/2009 (date of first entry) with the standard tourist 3 month renewals for the first year. I am jubilado and had enough from Social Security to acquire residencia last October, but not at the 2000 mark, which still is doable. NO DNI...just too much of a problem getting a tourno. Will this be an issue? Should I jump through those hoops in order to streamline the residencia/citizenship pathway?

Here are additional questions:
Can I assume that the documents used (authenticated birth certificate, letter from the embassy on SS) in acquiring the residencia last year can be used again for either 1 or 2. Obviously proof of domicilio needs new paper.
Again, can this process be completed here in Salta?
And, should I go through residencia for another year before applying for citizenship? I just want the path of least effort!

JoAnn

If you need "reliable" information about what you will need to apply for citizenship just go the the juzgada federal closest to your domicile and ask for a list of the documents that you need to provide to apply for citizenship. Apparently it can vary slightly from one jurisdiction to another. I needed only my DNI, a photocopy of my birth certificate, a certificado de domicilio that was less than 48 hours old, and "proof" of my means of living (income).

If your question is about the two year residency requirement I can tell you that the important date is that of your first entry into Argentina, even if it was before you received residency. That is the date that starts the clock on your "residency" in Argentina as far as citizenship is concerned. It shouldn't matter if you left the country since that date, even if you were out of the country for months at a time, especially if you renewed your DNI annually, but that might not matter, either.

When I applied early this year I asked if they needed my passport or anything from migraciones showing how long I had been in Argentina. I was told that they did not because I had the DNI. The secretary who took my application looked for the date of my "entro al pias" in my DNI as she filled out the form for me. You can read about my experience with the process in the thread: Argentine Citizenship for Foreigners: Can it really be this easy?

If I understand correctly, if you have a DNI you don't need a lawyer and lawyers may actually be prohibited from representing foreigners with a DNI who apply for citizenship. If you just go to the office of the court you should have the answer to your question in a few minutes. You only need to find a lawyer if they tell you that you need one. No matter what a lawyer might tell you, its the judge who has the power. A good lawyer may be able to affect a judge's opinion, but only if he is allowed in the court in the first place.

 

[steveinbsas]

Hi JoAnn,

You must apply for citizenship at the federal court that has jurisdiction over your domicile, so find the nearest juzgada federal in Salta.

You should not have to have a DNI to apply for citizenship and it should be easier for you to get your DNI once citizenship is granted.

Take your passport and certificate of residence (from migraciones) along with the other papers you have to the court and just talk with the secretary.

If they want you to get anything else or have anything updated they will tell you.

If they want you to wait another year they will tell you that, too.

They may also be willing to start your application right away as the process takes a year.

 

[chris]

I don't think there is any sense in speculating. If the law has changed in some way, HOW can we find out?

 

[steveinbsas]

I don't think there is any sense in speculating. If the law has changed in some way, HOW can we find out?

Are you referring to the question in another thread about permanent residency?


This one is about citizenship.

As far as I know there haven't been any recent changes in the laws regarding citizenship, though it looks like Bajo_cero2 sometimes has to bring judges up to date as some of them don't seem to be familiar with changes in citizenship laws that were made over 20 years ago.

 

[Bajo_cero2]

Steve, his case is different because he hasn't permanent residency and he seems to have only one year of legal residency.

Judges usually enforces the abolished law that requires 2 years of permanent residency, it means 5 years of legal residency. Other counts the 2 years since you have legal residency no matter how many years have you been here before as a perma-tourist.

However, according to the valid law, the residency is a matter of facts, how long have you been living in Argentinian territory.

I have been pushing the envelope starting citizenship cases with less than 2 years. My thesis is: you need of 2 years to BECOME a citizen, the procedure takes about a year (probably 7 months in Salta), so then, the case can be started with 12 months. They have accepted it.

Regarding Federal Court there:
http://www.jus.gov.ar/media/62958/salta.pdf
Regards

 

[steveinbsas]

Lets see if I understand correctly: The abolished law required two years of permanent residency, but it now it is possible to obtain citizenship after either two or five years physical presence in Argentina, depending on the judge?

I think JoAnn should just ask at the court. Do you agree?