Phone: WA: +54 9 3814 45-9254
Argentina Citizenship by Option
Argentine Citizenship law specifies that the children of native Argentines who, having been born in a foreign country, can opt for citizenship of origin, and they are entitled to Argentine nationality. Even if you were born outside Argentina but with native Argentine parents, you have the option to acquire Argentine citizenship through the “option for Argentine citizenship.” In other words, if someone is born outside Argentina but their parents are native Argentines, they are automatically eligible to be considered an Argentine citizen. Let’s dive deeper into the details.
Argentine Citizenship for born Abroad But Parents Are Native Argentinians
The Argentine Citizenship by Option is a legal pathway that enables individuals born abroad, particularly children of Argentine native citizens, to acquire Argentine citizenship. Essentially, children of Argentine citizens can choose to become Argentine citizens by option or hold a foreign passport, or both.
Regarding Argentinians by choice (option), they can not pass their citizenship on to their children. They can pass the permanent residency.
Argentina Citizenship by Option Processing Types
You can choose the process of becoming an Argentine citizen in two ways: either inside Argentina, or outside Argentina at the nearest Argentine Embassy or Consulate. But, no matter where you do it, you’ll need to make sure your birth certificate is registered with the Argentine Embassy or Consulate that covers your place of birth beforehand.
Steps for Argentine Citizenship Application in Argentina
The process within the country is much easier than processing it through Argentine embassies because you will have direct access to the Federal Courts. For instance, if you want to go through the process for Argentine citizenship in Argentina, ensure that your Native Argentine parents’ birth certificates are registered before initiating the citizenship application within the country.
Required Documentation
Applicants must prepare and submit the following documentation:
I. Power of Attorney (POA):
Must be notarized and apostilled. Both Federal and State Apostilles are accepted.
II. Applicant’s Birth Certificate:
Legalized and apostilled if issued abroad.
III. National ID or Birth Certificate of the Native Argentine Parent:
The parent must be a native Argentine citizen (not naturalized).
IV. Passport or ID of the Applicant:
If the applicant has changed their surname due to marriage, the marriage certificate must also be apostilled to prove the name change.
V. Passport or ID of Both Parents and the Applicant:
If the Argentine mother has taken her spouse’s surname, a marriage certificate is required to prove the name change to match the parent’s name on the applicant’s birth certificate.
Note: All foreign documents must be translated in Argentina by a certified translator.
It is recommended to send scanned copies before apostilling to ensure compliance with requirements.
Step-by-Step Judicial Process
1) Submission of Documents:
Once all documents are uploaded to the judicial platform, the case enters the assignment lottery, which takes approximately two months. The system automatically assigns a court and file number. The applicant cannot choose the court.
2) The next step is Court Filing:
The complete file, including all documents and the power of attorney, is submitted to the assigned court.
3) Appointment of Hearing:
The court schedules a hearing during which the applicant formally declares their will to become Argentine.
(This declaration can be made through a power of attorney if the applicant is not present.)
4) Declaration of Will:
The declaration is made before the judge, confirming the applicant’s voluntary intention to acquire Argentine citizenship. Applicant needs to express a wish to become an Argentine (the Formal declaration can be submitted on behalf of the client with POA during the hearing before the judge)
After that, the judge refers the case to the prosecutor (who sends the file to the prosecutor) to determine whether or not citizenship should be granted.
The prosecutor:
α.) Verifies that the legal requirements are met (Article 1, paragraph 1, of Law 346).
β.) Checks for impediments (for example, a criminal record).
γ.) May request reports from other agencies if deemed necessary (such as Immigration or Interpol).
δ. ) Issues a favorable or unfavorable opinion.
Once the prosecutor issues a ruling, the file returns to the court, and the judge may:
a) Immediately issue a sentence if the ruling was favorable.
b) Or request further evidence if the prosecutor made observations.
If the Citizenship letter was granted, the next step will be Registration at the relevant government offices and civil registry, and then you can print your DNI and passport at Renaper. More information is here.
How to Process Argentine Citizenship By Option Through Argentinian Embassy
Your birth certificate (“longer process”), which should be apostilled by the Foreign & Commonwealth Office and translated into Spanish. Information on obtaining an Apostille. You will need to bring the original, and it will not be returned to you now, as it’s filed in the Book of the Civil Registry.
– Your Argentinian parents’ birth certificate (You will need to bring the ORIGINAL on the day of the appointment). You can request an online birth certificate through this link or contact us.
– Your passport (You will need to bring the ORIGINAL on the day of the appointment)
– Your Argentinian parents’ DNI. You can bring originals if you have them handy, but high-quality coloured copies will be fine otherwise.
Important Note: Your parents’ names shall appear the same on your birth certificate AND the DNI and/or passport you are submitting for this. Should a name be different, you will need to request an amendment to the certificate at the Civil Registry.
Note: Your name will be registered as it appears on your home country’s birth certificate. If you wish for it to appear with accents (tildes), but they are not included in the certificate, you will need to rectify it before starting the process. Your last name (when including the Argentine parents’ surname) should be as it appears on the Argentine documents. Otherwise, the birth certificate will need to be amended before the process can begin.
Then, you will book your two appointments for the same day once you have sent the consulate all the above information, and the consul confirms everything is in order. The first appointment (in the morning) is for you to sign a Notarial Record, whereby you opt for Argentine citizenship. Please bring all the documents listed above. The SECOND appointment (in the afternoon) is for you to apply for a DNI. The documents required are the same as those from this morning. If you agree, they will keep them and return them to you after you have applied for the DNI.
In general, DNIs take 6-8 weeks to arrive from Argentina.
All fees are estimated as they depend on the exchange rate of each month.
If you need legal service assistance, you must provide a power of attorney at the MOFA (Foreign Affairs) or with a notary that offers the Hague Apostille Service.
Argentine Citizenship Application from Abroad: Procedure and Considerations
Now, let’s discuss the scenario. When you choose to pursue Argentine citizenship by Option while living abroad in the US, you’ll need to go through the process at the Argentine Embassy in that Specific country. In this scenario, please consider the following:
For those born in the US and currently residing there, you can handle your birth certificate registration and Argentine citizenship application during a single visit to the Embassy, as explained above.
But, if you’re living in the US and were born somewhere else, you’ve got to do things a bit differently. Before you set up an appointment for Argentine citizenship at the Embassy in the US, you first need to get your birth certificate registered at the Argentine Embassy or Consulate for the place where you were born. If you can’t make the trip back to your birthplace, you can get help from the Argentine Embassy in the US by sending an email.
Argentine Residency Processing at the Embassy
Once you’ve finished the Argentine citizenship process at the Embassy, you’ll receive an Argentine DNI, and it will be mailed to the Embassy for you to pick up.
Age Requirements for Biometric Passport for Argentine Citizenship Applicants
Applicants under 14 years old can also request a new Argentine biometric Passport or an Emergency Passport.
If the applicant is 14 years old or older, they can apply for an Argentine passport only after receiving their first Argentine DNI.
Individuals under 18 years of age must opt for Argentine citizenship, provided that both parents accompany them. Applicants aged 18 and above can independently carry out the procedure without requiring parental consent.
Required Documentation for Argentine Citizenship Application in the Consulate in your home country
If You were Born and Residing Abroad with Argentinian Parents
You’ll need the applicant’s birth certificate issued by local authorities in your home country. Make sure it’s signed and stamped by an official from the relevant Local Government authority. Also, the official’s signature should be legalized with an apostille by a notary public. The birth certificate should contain information about the child born outside Argentina, as well as their parents. Additionally, the birth certificate should include the child’s date of birth (e.g., “Alejandro Fernandez was born on June 10, 2002”), which you’ll need to request from your home country authorities using the necessary procedure.
For Children in Another Country of Residence:
You must provide a certificate of registration of the birth certificate granted by the Argentine Embassy or Consulate with jurisdiction over the place of birth.
Argentine Parents’ Birth Certificate:
You need the Argentine birth certificate of either the father or the mother. If both parents are Argentine, just one certificate is sufficient.
For Applicants Under 18 Years:
You should provide the DNI of both parents (only if both are Argentinian). If one parent is Argentinian and the other is not, you need the DNI of one Argentinian parent and the passport of the non-Argentine parent.
In Case of a Deceased Parent:
If one parent has passed away, you’ll need to provide documentary evidence of their death. Submit a certified death certificate if the death occurred in Argentina. If the death occurred in your home country, you should provide the equivalent document from your home country’s authorities, also with a Spanish translation. For deaths in a third country, submit the equivalent document from the relevant authorities, legalized at the Argentine Embassy/Consulate with jurisdiction over the place of death.
Conclusion
In essence, there are different requirements for different situations. Argentina’s immigration system is complex, just like those of many other countries. Reach out to Immi Legal to get help from our Professional Team.