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  1. #1
    Join Date
    Jul 2008
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    6

    Default Birthplace Change in U.S. Passport

    I'm close to apply for my US citizenship and I have one question that it might not be related to immigration but it applies to US Passports.
    My country of birth is Argentina and the current political situation in Argentina is not the best, turning into a Venezuela and maybe a Cuba in the short time.
    I was informed that renewing Argentine passports at embassies or consulates will be voided after entering the cuntry, having the person to re-apply for a passport once he or she enters Argentinean soil but the government can deny a passport applicat for whatever reason.
    Since Argentina does not have a dual citizenship agreement with the US, they do not consider US citizensbrn in Argentina as US Citizens and you cannot resign t your Argentinean citizenship.
    My question in short is due to the risk of not being able to leave the country if I go back in the future, regardless if I enter with a US or Argentinean passport, is ther a way to claim political prosecution and get the country of birth in the passport changed to "USA" instead of Argentina? in that way, Argentina government won't have any way of knowing I was ever an Argentin citizen if I don't have any documentation (unless they take my prints)
    Any thoughts would be appreciated.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    Default Re: Birthplace Change in Us Passport

    Since Argentina does not have a dual citizenship agreement with the US, they do not consider US citizensbrn in Argentina as US Citizens and you cannot resign t your Argentinean citizenship.
    Slow down. You're not a "US citizen born in Argentina". You're a citizen of Argentina, period. Elsewise, you wouldn't need to apply for US citizenship.

    My question in short is due to the risk of not being able to leave the country if I go back in the future, regardless if I enter with a US or Argentinean passport, is ther a way to claim political prosecution and get the country of birth in the passport changed to "USA" instead of Argentina?
    NO. Never, ever, ever lie on any passport application. It can land you in jail, and scotch your chances of returning to the US.

  3. #3
    Join Date
    Jul 2008
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    6

    Default Re: Birthplace Change in Us Passport

    Ok, I think I didn't express myself correctly. first of all, I'm currently a permanent US Resident, and I will be applying for citizenship next year when I'm eligible. So I will be a US Citizen. I hope that's clear.
    second, I am not trying to do this illegally, otherwise I wouldn't be in a legal forum. I'm trying to see if a lawyer can present a case that allows me to either not include country of birth in my passport, or change my country of bith LEGALLY!
    I hope I made mysel clear now. I won't be traveling to Argentina while I'm only holding an Argentinean passport.

  4. #4
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    Default Re: Birthplace Change in Us Passport

    So I will be a US Citizen.
    Right. But you aren't one NOW.

    I'm trying to see if a lawyer can present a case that allows me to either not include country of birth in my passport, or change my country of bith LEGALLY!
    NO. You MUST include your place of birth on your US passport application. I'm not sure why you think you should be granted an exception? Argentina doesn't have the power to cancel your US passport, and once you obtain a US passport, your Argentinian passport is meaningless. Acquiring US citizenship does, in fact, cause your Argentinian citizenship to be revoked.

    You can also formally renounce it by signing papers in Buenos Aires, then appearing before a judge.

    You'd do well to speak with your Consular:

    The Embassy of the Argentine Republic
    Consular Section
    1600 New Hampshire Ave., NW
    Washington, DC 20009

    Embassy Telephone: 202-238-6400
    Consular Telephone: 202-238-6460/63/64
    Fax: 202-238-6471

  5. #5
    Join Date
    Jul 2008
    Posts
    6

    Default Re: Birthplace Change in Us Passport

    Thank you for tryin to help. Unfortunately you're giving me partially incorrect information. You cannot resign to argentinean citizenship no matter what you do it's unconstitutional under argentine law. Thank you for your help. Im looking to approach my case from the us law side since I know for a fact, without any doutb that I cannot get rid of argentinean citizenship but if there's nothing on my passport that ties me to Argentina, then it's hard for the government to prove I'm argentinean That is all.

  6. #6
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    Default Re: Birthplace Change in Us Passport

    You cannot resign to argentinean citizenship no matter what you do it's unconstitutional under argentine law.
    Since I got my information from the US Office of Personnel Management's Investigation Services, who got the information from your Consular, I'm thinking you don't know the law of your country quite as well as you think you do - or you think if you squawk enough here, you'll get the answer you want to hear. Go on, read page 19. Here, I'll even make it easy for you:

    ARGENTINA
    CITIZENSHIP: Argentine citizenship is based upon Argentine Citizenship Law #346.
     BY BIRTH:
     Child born in Argentina, except to accredited ministers of foreign powers.
     Child born in Argentine legations or on Argentine warships.
     Child born in neutral waters on ships flying the Argentine flag.
    
    BY DESCENT: Child born abroad, both of whose parents are Argentine citizens.
    
    BY NATURALIZATION: Argentine citizenship can be applied for in two ways:
     Person must reside within the Republic for at least two years.
     Person must have married an Argentine citizen. (This does not automatically confer
    citizenship, and spouse must still fulfill the two-year residency requirement.)

    DUAL CITIZENSHIP: NOT RECOGNIZED.
    Exception: Two groups are recognized as dual citizens. The first are children (18 and under),
    born abroad, who acquire citizenship of birth country. Upon reaching maturity at age 18, however,
    a declaration of allegiance must be made to one country. Citizens of Spain can hold dual
    citizenship per agreement with Argentina.

    LOSS OF CITIZENSHIP:
     VOLUNTARY: Per Argentine consular office, citizenship can only be renounced in the capital,
    Buenos Aires. Papers must be signed at the police station and then the individual must appear
    before a judge where the renunciation must be accepted by the Argentine government.

    
    INVOLUNTARY: The following are grounds for involuntary loss of Argentine citizenship:
     Person acquires foreign citizenship, but does not fall under "Dual Citizenship."
     Person accepts employment or honors from a foreign government without permission.
     Person commits fraudulent bankruptcy or has an infamous sentence.

    but if there's nothing on my passport that ties me to Argentina, then it's hard for the government to prove I'm argentinean That is all.
    Not happening. It's not permitted, and the document I referenced in the previous post explains exactly why. If you think you're going to be a US citizen, you'd better get used to the idea of the laws here actually applying to you. You're not special enough for an exception, buttercup, so suck it up and deal.

  7. #7
    Join Date
    Jul 2008
    Posts
    6

    Default Re: Birthplace Change in Us Passport

    Ok so first of all, you're a bad "researcher" you're not even a lawyer, and second. My question was addressed to an actual lawyer that will know better than you if a case can be made for my request. The way you express yourself when you say "suck it up and deal" is absolutely rude and ignorant as well.
    I don't think I will be a US citizen, I know I will be a US citizen and that's not the issue here. I respect all the US laws, hell I might even know them better than you if you base your knowledge on your "research" skills".
    Anyways, let me educate you for a bit: http://www.esderecho.com.ar/no-es-po...entino-nativo/
    date of article is 2009, I hope you know Spanish. But just to ease your mind, the law that you found on the US Office of Personnel Management's Investigation Services is outdated from the time of the defacto goverment in Argentina. That has been changed since then.
    Like the commercial dude! don't believe everything you read on the internet, or you might end up getting screwed by some loser that claims to be a french model!
    Any actual lawyers are still welcome to reply. Thank you

  8. #8
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    Sep 2005
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    Default Re: Birthplace Change in Us Passport

    Go hire an immigration lawyer. Good luck to you.

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