New Immigration Decree, Long Life To King Macri!

[Bajo_cero2]

Hiding behind that professional secret again doc.
Tut tut...

Hiding professional secret you mean, sure!

 

[Bajo_cero2]

Update:
1) New judges appointed by Macri reject the cases right away using the DNU so, the chances now are 4 (bad) against 2 (good) if you apply by yourself.
2) However prosecutors cares about when you arrived, before or after February 2017, so, it means a) it is possible to apply with passport and B ) that appeals might be won depending on the skills of your Lawyer;
3) I lost (but I won) the appeal of my client who was deported so, he is going to be back when the citizenship will be granted without the police reports that requires the finger prints because they couldn't be taken by bad will of the judge who deal with it during vacation.
4) i won an appeal before the chamber where the prosecutor requested working in white and the Chamber revoqued it;
5) there is one judge who does nothing ir order to deny you justice (nazi) so I acchieved a masive dismissal and all my cases were sent to other judges;

So, I'm sorry if I didn't have time for whatsApp but I was doing lawyer's work.

 

[RightPath]

3) I lost (but I won) the appeal of my client who was deported so, he is going to be back when the citizenship will be granted without the police reports that requires the finger prints because they couldn't be taken by bad will of the judge who deal with it during vacation.

Do you mean the client will not be allowed to come back to Argentina until he gets citizenship? What if it takes 2 more years before that happens will he still be able to get citizenship?

I have a friend who started citizenship after living here for 2 years. He was an illegal and the court was giving him trouble as a result of his status. He left Argentina 1 year ago, so I imagine he "lost residency". Can you still gain citizenship based on his previous 2+ years residency? My guess is that since it was the courts failure to recognize his right to citizenship that he should be able to. By delaying the case over and over and not providing him citizenship before he had to go, they essentially violated his rights. If they would have not delayed his case with trivial things, then he would have had citizenship before the time he had to go.

Have you ever had someone win citizenship years after they left Argentina based on the fact they did have 2 years residency and they started the case before they left?

 

[Bajo_cero2]

This is going to happends this year.

However I asserted that I lost because I asked for immediate return.

I won several cases after they left Argentina and later you can enforce the re entry.

In one of the cases it was with a warning/ultimatum to the Foreign Office because they didn't want to give her an Argentine ID to allow her to come back. So, the judge gave 10 working days to make it happends before to prosecute him for disrespect or a Court order.

So, yes, it is posible but the big deal is that the chamber said the judge has to enact the decision without the police reports [because the finger prints were boycotted by the Court].

 

[Bajo_cero2]

I just was at the Chamber of Appeals where you go to start citizenship cases and there was an American woman who was verry irritated because she wanted to apply for citizenship and they refuse to accept the case because she didn't have DNI and work receipt.

 

[Pensador]

Well as they say change is a sure thing interesting that the new law is looking for fake tourists from what I understand and have researched. But one must admit the previous laws were just entirely to liberal. Like you want citizens that have been in jail 3 out of the last 5 years etc or something like that. That’s just ridiculous, like waving an invitation flag for criminals. Now it seems the pendulum is swinging the other way to some degree perhaps that is a good thing. Except for the colateral damage of those that are seeking the human right to immigrate and are not criminals.

 

[Bajo_cero2]

This new decree looks for deportation honest people.

This woman was performing at Colon Theatre and as far as they didn't do the paper work she lost precaria and they stop paying her for 8 months. So, she had to sell everything and she went to the Court to apply for citizenship and she complained that someone here advised her wrongly (not me).

Even she had a very bad attitute and she is never going to get nothing at Court behaving like that (in fact, you can be arrested), she realized what is all the sh...t I have to deal everyday with: xenophobia. She also realized that it includes Americans because it is the hate for all the foreigners.

I suggested her to try with a lawyer (not me) (I was starting 3 cases with no visa without the 2 years with no hassle) but she complained that she cannot afford 5000 usd refering to me (my fees are higher so, right! she was poorly adviced) and I suggested her to go to the 8th floor where the free legal services for poor people are.

She was too upset for listening but as far as she reads here, here is my advice:
A) to make her work without paying is slavery and it has a long penalty of jail so, perhaps, she can send a carta documento made by a lawyer and this way she can get paid very fast.
B ) to make the criminal complaint is something she can do without a lawyer or with the free service of the 8th floor and it might work very well because she can talk about this after she made it but she has to change the attitude to acchieve success;
C) what she can never do is to say what is she going to do because this is a crime: coertion.
D) There are other lawyers or paralegals who charge a lot less for representing at citizenship/criminal/labor and for sure she needs legal help for by passing the employed of the Court or making a law suit.
E) there is also a public free service of lawyers for foreigners. They give you their contact info at Control de Permanencia at Edificio 4 1st floor (not ground floor). It is also there where they arrest you so, perhaps is better to send someone else to find out this info.

 

[Pensador]

So much for the Declaration of Rights and Gaurantees in Constitution I supose.

Section 20.
-
Foreigners enjoy within the territory of the Nation all the civil rights of citizens; they may exercise their industry, trade and profession ; own real property, buy and sell it; navigate the rivers and coasts; practice freely their religion; make wills and marry under the laws. They are not obliged to accept citizenship nor to pay extraordinary compulsory taxes. They may obtain naturalization papers residing two uninterrupted years in the Nation; but the authorities may shorten this term in favor of those so requesting it, alleging and proving services rendered to the Republic.

Hmmmm all very interesting.

 

[Bajo_cero2]

Right, but according to DNU 70/2017 they don't even have the right of freedom. The procedure I have described in the post of automatic arrest is exactly the one for release a criminal.

 

[Bajo_cero2]

The class action of the CELS was lost.