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	<title>Costa Rica Expertise LLC &#187; Immigration</title>
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	<link>http://crexpertise.info</link>
	<description>Everything you need to know about doing business in Costa Rica</description>
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		<title>Validating child&#8217;s citizenship easier than for spouse</title>
		<link>http://crexpertise.info/validating-child-citizenship-easier-spouse/</link>
		<comments>http://crexpertise.info/validating-child-citizenship-easier-spouse/#comments</comments>
		<pubDate>Mon, 11 May 2009 19:43:45 +0000</pubDate>
		<dc:creator>Garland M Baker</dc:creator>
				<category><![CDATA[Citizenship]]></category>
		<category><![CDATA[Family]]></category>
		<category><![CDATA[Immigration]]></category>
		<category><![CDATA[United States]]></category>
		<category><![CDATA[Visa Policy]]></category>

		<guid isPermaLink="false"></guid>
		<description><![CDATA[Many expats who have built families with a Costa Rican want to get their natural or adopted offspring a U.S passport. Some believe that since they are U.S. citizens, the right to pass on U.S. citizenship is automatic. It is not. However, it does not need to be a daunting task either. Whether expats are [...]]]></description>
			<content:encoded><![CDATA[<p><a class="post_image_link" href="http://crexpertise.info/validating-child-citizenship-easier-spouse/" title="Permanent link to Validating child&#8217;s citizenship easier than for spouse"><img class="post_image alignnone" src="http://crexpertise.info/images/1090511-02-Kids-US-Passports.jpg" width="161" height="215" alt="Post image for Validating child&#8217;s citizenship easier than for spouse" /></a>
</p><p>Many expats who have built families with a Costa Rican want to get their natural or adopted offspring a U.S passport. Some believe that since they are U.S. citizens, the right to pass on U.S. citizenship is automatic. It is not. However, it does not need to be a daunting task either.</p>
<p>Whether expats are applying for their biological or stepchildren, the procedure seems to be less painstaking than getting their <a href="/expat-guide-bringing-foreign-spouse-united-states/">spouse U.S. citizenship</a>.<br />
<span id="more-178"></span><br />
In a nutshell, there are certain permanence requirements for the parents to be able to pass citizenship on to their biological, adopted or legitimated children, and the process is much smoother and faster for children under 18 years of age than for older children.</p>
<p>Parent requirements</p>
<p>Any child born in wedlock or adopted as stepchild outside the United States to an American parent and a foreign parent can obtain U.S. citizenship, as long as the American parent resided in the U.S. for a certain amount of years prior to leaving the country.</p>
<p>Parents born on or after Nov. 14, 1986, need to have lived in the United States at least five years, of which two are required after the age of 14. If they were born between Dec. 24, 1952, and Nov.</p>
<p>13, 1986, they need to have lived 10 years in the U.S., of which five are required after the age of 14.</p>
<p>A child born out of wedlock to an American father and a foreign mother can obtain U.S. citizenship when meeting all the following requirements:</p>
<p>a.) a proven blood relationship between the applicant and the father; b.) the father had U.S. nationality at the time of the child’s birth; c.) the father agrees in writing to provide financial support for the child until he or she reaches 18 years of age; d.) the child is legitimized by the father in their birth country before 18 years of age.</p>
<p>A child born out of wedlock to an American mother and a foreign father may acquire U.S. citizenship if, a.) the mother was a U.S. citizen at the time of the child’s birth and b.) the mother lived in the U.S. for one continuous year.</p>
<p>Immediate citizenship</p>
<p>According to the Citizenship and Immigration Services <a href="http://www.uscis.gov/portal/site/uscis">website</a>, the Child Citizenship Act has streamlined the process for children to obtain citizenship as soon as they enter the U.S.</p>
<p>Children protected by the Child Citizenship Act are called newly entering IR-3 children, and they receive certificates of citizenship within 45 days of arriving to the U.S., without needing a permanent resident card and then filling out form N-600 to obtain citizenship, as outlined in the article on <a href="/expat-guide-bringing-foreign-spouse-united-states/">citizenship for spouses</a>. If they wish to obtain their U.S. citizen status while living abroad, they need to apply at the U.S. Embassy using N-600K (Application for Citizenship and Issuance of Certificate Under Section 322), which costs $460. However, children must travel with their parents to the United States to complete the application process.</p>
<p>Parents who wish to obtain a passport for their children must apply for it at the Department of State once they have received their citizenship certificates from Citizen and Immigration Services.</p>
<p>Children who qualify for this automatic process are:</p>
<p>a.) younger than 18 years of age;</p>
<p>b.) orphans whose adoption has been finalized in their country of birth or the United States;</p>
<p>c.) biological or legitimized children;</p>
<p>d.) children born out of wedlock to a naturalized mother;</p>
<p>e.) adopted children after completing two-year custody.</p>
<p>The Child Citizenship Act also requires American parents to have met the required time in the country to be able to request automatic citizenship for their biological or adopted children.</p>
<p>The following paperwork is necessary to qualify for automatic children citizenship:</p>
<p>a.) photographs of the child;</p>
<p>b.) fee (when applying from abroad, N-600K,<br />
$460);</p>
<p>c.) child’s birth certificate;</p>
<p>d.) American parent’s birth certificate;</p>
<p>e.) parents’ marriage certificate (if applicable);</p>
<p>f.) document for termination of previous marriages (if applicable);</p>
<p>g.) document showing full and final adoption or<br />
legitimacy (if applicable);</p>
<p>h.) evidence of all legal name changes (if applicable).</p>
<p>Naturalization</p>
<p>Biological, adopted or legitimized children older than 18 are required to undergo the standard process of residence and naturalization applicable to any immigrant.</p>
<p>According to a previous article on U.S. Citizenship, the American parent needs to request permanent residency for their child, filing I-130 Petition for Alien Relative ($355) and any additional paperwork required by the U.S. Embassy proving the relationship between the parent and the child, as well as a medical exam required for the applicant.</p>
<p>The embassy’s <a href="http://sanjose.usembassy.gov/ivfamily.html">website</a> states that unmarried or married children over 18 obtain limited permanent residency, but no further information on this status is provided. The applicant must wait until Citizenship and Immigration Services approves the petition to be able to travel to the U.S. and apply for naturalization.</p>
<p>Once in the United States, the applicant must ask Citizen and Immigration Services if he or she qualify for an immediate visa number or if they need to wait, in which case, they should periodically check the Department of State&#8217;s Visa Bulletin to get their visa number.</p>
<p>Applicants must stay five years in order to request citizenship, leaving the country for periods no longer than six months.</p>
<p>The Citizen and Immigration Services <a href="http://www.uscis.gov/portal/site/uscis">website</a> specifies that once the permanence requirement is met, the applicant must proceed to file form N-400, along with the following:</p>
<p>a.) a check or money order for the application fee<br />
of $675;</p>
<p>b.) a photocopy of both sides of the permanent resident card;</p>
<p>c.) Two identical color photographs (wearing no eyeglasses or earrings), with name and “A-number” written in pencil on the back of the pictures. Those doing so should check the Guide to Naturalization for more details on photo requirements.</p>
<p>Besides the paperwork above, the applicant must pass English proficiency and U.S. civics tests, and show: a.) evidence of good moral character, b.) adherence to the Constitution principles and c.) a positive outlook of the United States. Once the latter requirements are fulfilled, an interview will be scheduled, after which they can take the oath to allegiance and obtain their citizenship.</p>
<p>In summary, expats who want to pass on their U.S. citizenship to their children have to qualify themselves based on their own permanence in the United States. All immigration procedures seem like a bureaucratic endless torture, but to have the steps distilled into an outline like this one makes the task easier to understand and more palatable.</p>
<div class="pdflinkbox"><a rel="nofollow" href="http://crexpertise.info/pdf/1090511-02-Kids-US-Passports.pdf" target="_blank"><img src="http://crexpertise.info/wp-content/uploads/2010/04/pdf-icon.png" alt="" /></a><br />
<a rel="nofollow" href="http://crexpertise.info/pdf/1090511-02-Kids-US-Passports.pdf" target="_blank">Complimentary Article in PDF Fomat</a></div>
]]></content:encoded>
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		<item>
		<title>Expat&#8217;s guide for bringing foreign spouse to U.S.</title>
		<link>http://crexpertise.info/expat-guide-bringing-foreign-spouse-united-states/</link>
		<comments>http://crexpertise.info/expat-guide-bringing-foreign-spouse-united-states/#comments</comments>
		<pubDate>Mon, 27 Apr 2009 12:15:57 +0000</pubDate>
		<dc:creator>Garland M Baker</dc:creator>
				<category><![CDATA[Citizenship]]></category>
		<category><![CDATA[Family]]></category>
		<category><![CDATA[Immigration]]></category>
		<category><![CDATA[Marriage]]></category>
		<category><![CDATA[Relationships]]></category>
		<category><![CDATA[United States]]></category>
		<category><![CDATA[Visa Policy]]></category>

		<guid isPermaLink="false"></guid>
		<description><![CDATA[Most people have heard the Costa Rican dream story. A tourist comes for vacation, falls in love with Costa Rica and/or a Costa Rican, goes back home and sells everything or ships it down here to become an expat. This usually applies more to men than to women. In many cases older men find younger [...]]]></description>
			<content:encoded><![CDATA[<p><a class="post_image_link" href="http://crexpertise.info/expat-guide-bringing-foreign-spouse-united-states/" title="Permanent link to Expat&#8217;s guide for bringing foreign spouse to U.S."><img class="post_image alignnone" src="http://crexpertise.info/images/1090427-02-US-Citizenship.jpg" width="161" height="215" alt="Post image for Expat&#8217;s guide for bringing foreign spouse to U.S." /></a>
</p><p>Most people have heard the Costa Rican dream story. A tourist comes for vacation, falls in love with Costa Rica and/or a Costa Rican, goes back home and sells everything or ships it down here to become an expat. This usually applies more to men than to women. In many cases older men find younger Costa Rican women, some with children from former relationships.</p>
<p>In many cases the Costa Rican counterpart, whether it be a wife or a husband, does not want to live here but wants to live in the United States and, most importantly, wants to be a U. S. citizen. Some even believe it to something of a prize they need to win to be happy and constantly pressure the expat to repatriate — go back to the United States to live — so they can get their citizenship.<br />
<span id="more-177"></span><br />
Getting married by itself does not give a Costa Rican wife or husband U. S. citizenship. This is true for both expats and Costa Ricans who want citizenship in either country. Many expats do not want to go back to the United States, but some concede to do so for their new spouse.</p>
<p>The process for expats who have decided to move back to the United States and get their Costa Rican spouse residency and eventually U. S. citizenship is not overly complicated if one knows how to do it. However, putting everything down on paper and distilling it into a cheat sheet for expats who have made the big decision to move back took some doing.</p>
<p>In a nutshell, the process goes like this:</p>
<p>1. Applying for permanent residency.</p>
<p>2. Obtaining permanent residency.</p>
<p>3. Moving to and staying in the United States for the time period required to be eligible for citizenship.</p>
<p>4. Applying for naturalization, completing all requirements for the naturalization process, and obtaining citizenship.</p>
<p>5. Requesting citizenship for children</p>
<p>Applying for permanent residency</p>
<p>In order to apply for permanent residency, U. S. citizens are required to file a petition for their relatives. According to the U. S. Embassy’s <a href="http://sanjose.usembassy.gov/iv_onbehalf.html">website</a>, the petition process for expats who have Costa Rican residency differs from expats who do not have it.</p>
<p>Expats with Costa Rican residency:</p>
<p>• Expats who have lived in the country for at least 6 months and have already obtained Costa Rican residency can fill out I-130 Petition for Alien Relative at the U. S. Embassy in Pavas on Tuesdays, Wednesdays and Fridays from noon to 1:30 p.m. The petition costs $355. The embassy sends all petitions to U. S. Citizenship and Immigration Services.</p>
<p>• Once the Citizenship and Immigration Services approves a petition, it is forwarded to the National Visa Center, which may contact the applicant if additional documentation is required. Once approved by the visa center, the petition will be sent back to the U. S. Embassy. No information is available as to how long this process takes.</p>
<p>• The embassy then contacts the expat for presenting their U. S. birth certificate and the document that proves their relationship to the Costa Rican relative, whether it is a marriage certificate (issued by the Registro Civil if the wedding took place in Costa Rica) or the birth certificate of their children.</p>
<p>• The expat must also provide documents that prove termination of any previous marriages by divorce or death.</p>
<p>• The embassy also requires proof of legitimate marriage relationship — provided by answering questions and showing family pictures.</p>
<p>• A medical exam ordered by the Embassy is required for the foreign spouse, as well as other requirements, including police records. This exam can cost around $250.</p>
<p>• Any documents in Spanish must be translated into English.</p>
<p>After all requirements have been filed, an interview is scheduled for the spouse, who should bring an I-864 affidavit of support that proves the expat has sufficient income to support the spouse without public benefits.</p>
<p>Expats without Costa Rican residency:</p>
<p>According to the Citizenship and Immigration Services <a href="http://www.uscis.gov/portal/site/uscis">website</a>, expats who do not have Costa Rican residency must file the I-130 petition in the United States, at the citizenship office closest to their hometown.</p>
<p>After approval, the Citizenship and Immigration Services sends the petition to the Department of State’s National Visa Center to determine if a visa number is available immediately for the relative. Numbers are assigned immediately to spouses and unmarried children under 21. Married children will have to wait to get a visa number, but they can check its status in the Department of State&#8217;s Visa Bulletin.</p>
<p>Applicants should be aware that if permanent residency is granted before their second wedding anniversary, the residency will have conditional status, which means the couple must prove they have a legitimate relationship for two years after obtaining conditional residency. The couple must apply for removing the conditions on the residency by gathering the following documents:</p>
<p>•Filling out form I-751 (Petition to Remove Residency Conditions),</p>
<p>• Submitting a copy of the permanent residency card, showing evidence of their relationship (i.e. leases or property deeds that show co-dwelling/co-ownership, birth certificates of children).</p>
<p>Failure to apply for this procedure results in losing all residency rights.</p>
<p>U. S. citizens can obtain unlimited permanent residency for spouses and unmarried children under 21, and limited permanent residency for unmarried children’s minor offspring and married children, their spouses and minor offspring.</p>
<p>Obtaining permanent residency</p>
<p>The U. S. Embassy’s <a href="http://sanjose.usembassy.gov/iv_onbehalf.html">website</a> states that after filing the I-130 petition, while waiting for approval from the Citizenship and Immigration Services, foreign spouses and children can obtain a K-3 visa and travel to the United States to become permanent residents through an adjustment of status, but this process is not immediate.</p>
<p>To apply for the K-3 visa, the following documents must be sent by mail to the United States Department of Homeland Security:</p>
<p>• form I-129,</p>
<p>• a copy of Form I-797 that states the I-130 petition was received by Citizenship and Immigration Services,</p>
<p>• additional forms requested in I-129 and</p>
<p>• a fee of $400.</p>
<p>While waiting for approval, if the foreign relatives wish to travel abroad, they need to request advance permission from the Citizenship and Immigration Services prior to traveling. Otherwise, they will abandon their visa applications and will not be allowed to return to the United States.</p>
<p>Moving to and staying in the United States for the time period required by the Citizenship and Immigration Services to be eligible for citizenship</p>
<p>The Citizenship and Immigration Services <a href="http://www.uscis.gov/portal/site/uscis">website</a> states that foreign spouses may apply for citizenship after remaining in the United States for three years, during which they are not allowed to leave the country for more than 6 months at a time.</p>
<p>No information was available on the time period minor children must remain in the country before applying for naturalization.</p>
<p>Applying for naturalization, completing all requirements for the naturalization process, and obtaining citizenship.</p>
<p>Non-citizen spouses need to meet the following requirements:</p>
<p>• Contiguous residence in the United States for three years prior to applying,</p>
<p>• English language proficiency,</p>
<p>• Knowledge of United States history and civics,</p>
<p>• Good moral character,</p>
<p>• Adherence to United States Constitution principles,</p>
<p>• A positive outlook of the United States.</p>
<p>• Filling out Form N-400 along with a fee of $675 by check or money order (application $595, fingerprints $80) and sending it to the nearest Citizenship and Immigration Services office. Fees are non-refundable.</p>
<p>Even though no specific time frame was given for obtaining citizenship, the Citizenship and Immigration Services <a href="http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=ac419c7755cb9010VgnVCM10000045f3d6a1RCRD&amp;vgnextchannel=ac419c7755cb9010VgnVCM10000045f3d6a1RCRD">website</a> claims the bureau has been trying to maximize efforts and complete the process in six months.</p>
<p>If approved, the immigration services will schedule an interview, right after which the applicant can attend the oath ceremony and obtain citizenship. If the applicant requests to attend the ceremony at a later date, he or she will have to make sure they do not miss the appointment. Otherwise, Immigration Services will close the case and dismiss the process.</p>
<p>If the application for citizenship is denied for lack of requirements and not because of eligibility violations, the foreigner may re-apply as many times as necessary until naturalization is granted.</p>
<p>Requesting citizenship for children</p>
<p>To obtain citizenship for youngsters, parents must file N-600 Application for Certificate of Citizenship, along with 2 photographs of the child, additional documentation to verify eligibility and a fee.</p>
<p>For adopted children, parents must file Form N-643, and when the children are older than 18, parents fill out Form N-400.</p>
<p>Once naturalized, all applicants receive a U. S. passport and all the rights of a United States citizen.</p>
<p>For more information about the citizenship process, visit the <a href="http://www.uscis.gov/files/article/M-476.pdf">Guide to Naturalization</a>.</p>
<p>While helpful, this detailed account of facts and steps will not make the actual process less painstaking, but it will definitely save precious time otherwise spent gathering all relevant information. Some expats that have made the big decision to move back to the United States to make their spouse happy may just decide to stay in Costa Rica after reading this article.</p>
<div class="pdflinkbox"><a rel="nofollow" href="http://crexpertise.info/pdf/1090427-02-US-Citizenship.pdf" target="_blank"><img src="http://crexpertise.info/wp-content/uploads/2010/04/pdf-icon.png" alt="" /></a><br />
<a rel="nofollow" href="http://crexpertise.info/pdf/1090427-02-US-Citizenship.pdf" target="_blank">Complimentary Article in PDF Fomat</a></div>
]]></content:encoded>
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		<title>Burden of Evidence is on Those Seeking a U.S. Visa</title>
		<link>http://crexpertise.info/burden-evidence-seeking-united-states-visa/</link>
		<comments>http://crexpertise.info/burden-evidence-seeking-united-states-visa/#comments</comments>
		<pubDate>Mon, 16 Apr 2007 17:28:17 +0000</pubDate>
		<dc:creator>Garland M Baker</dc:creator>
				<category><![CDATA[Immigration]]></category>

		<guid isPermaLink="false"></guid>
		<description><![CDATA[Ticos have to wrestle with 55-year-old law A trip to the U. S. Embassy before Semana Santa proved very interesting and enlightening. The visit shed light on a long-standing irritation for Costa Ricans. An expat asked an embassy worker how he could expedite his Tica girlfriend’s tourist visa application so she would not have to [...]]]></description>
			<content:encoded><![CDATA[<p><a class="post_image_link" href="http://crexpertise.info/burden-evidence-seeking-united-states-visa/" title="Permanent link to Burden of Evidence is on Those Seeking a U.S. Visa"><img class="post_image alignnone" src="http://crexpertise.info/images/1070416-02-Visas.jpg" width="200" height="270" alt="Post image for Burden of Evidence is on Those Seeking a U.S. Visa" /></a>
</p><p><em><strong>Ticos have to wrestle with 55-year-old law</strong></em></p>
<p>A trip to the U. S. Embassy before Semana Santa proved very interesting and enlightening. The visit shed light on a long-standing irritation for Costa Ricans.</p>
<p>An expat asked an embassy worker how he could expedite his Tica girlfriend’s tourist visa application so she would not have to wait in line.  There were at least 100 visa applicants waiting to speak with a consular officer that morning.  The embassy worker asked him if he wanted to speak with a senior consular officer.  He said yes and sat down to wait.</p>
<p><span id="more-125"></span></p>
<p>The embassy was busy that day, but after about an hour, the man’s number came up and he went to the appropriate window.</p>
<p>Overhearing the conversation, what the senior official told the man was a surprise.  He said that the immigration law has something in it called the “presumption of immigration” and the man’s girlfriend was just going to have to follow the same procedures as everyone else in applying for a tourist visa.  A tourism visa is a class B1/B2 visa for a temporary visitor to enter the United States on business or pleasure.</p>
<p>The “presumption of immigration?” What is that?</p>
<p>Section 214(b) Immigration and Nationality Act states “Every alien shall be presumed to be an immigrant until he/she establishes to the satisfaction of the consular officer, at the time of application for admission, that he/she is entitled to a nonimmigrant status&#8230;”</p>
<p>This means anyone applying for a tourist visa is guilty — their intent is to stay in the United States — unless they can prove their innocence, meaning they are not going to stay.  Most denials of visa application are due to Section 214(b).</p>
<p>Junior consular officers make their decision after a short interview where they evaluate if an applicant has “strong ties” to their home country.  The officer bases the decision on subjective intent — the presumption of immigration with the burden on the alien to show that they will not stay in the United States.</p>
<p>What are “strong ties”?</p>
<p>A job, a house, a family and a bank account are just a few of the criteria that make up strong ties to a home country.  They differ from country to country and individual to individual.</p>
<p>A consular officer is the judge and jury.  He or she must weigh the facts and decide on the spot whether an individual can have a visa.  There is no avenue for an appeal or judicial review. The official makes use of several databases which may show, for example, that the applicant already has a California driver&#8217;s license or has overstayed  a U.S. visa in the past.</p>
<p>Upon visa denial, the only thing an applicant can do is to try again, presenting new convincing evidence of strong ties. And the applicant has to pay the $114 in fees again and probably will miss another day of work to attend the interview. Some consular officials say they will entertain informal appeals, but there is no formal process.</p>
<p>Some expats who have girlfriends or boyfriends in Costa Rica who do not qualify for a United States visa believe marriage is the answer to getting their companion into the United States.</p>
<p>This is a misconception.  A spouse of a United States citizen must also file for the same temporary visitor visa for business or pleasure, class B1/B2 — as everyone else to enter the country.  The same requirements apply.</p>
<p>This is true unless the alien plans to live in the United States with the United States citizen.  In that case, the alien must file for a K3 non-immigrant visa.  Again, the presumption is immigration so to file for a K3 visa, one must have an immigrant visa petition filed on his/her behalf by the U.S. citizen spouse.  This is a lot of paperwork and approval takes time, so it is not a quick route to a visa.</p>
<p>The Immigration and Nationality Act is 55 years old — created in 1952 — covering the immigration, temporary admission, naturalization, and removal of aliens.</p>
<p>Many people believe Section 214(b) of the Immigration and Nationality Act is too restrictive and is hampering the United States’ scientific and economic competitiveness as well as security interests because it is also applied in considering student visas.</p>
<p>The system frequently results in bad public relations for the embassy like when a Costa Rican mother initially was denied a visa to attend the funeral of her U.S. Army sergeant son who was killed in Iraq. Repeatedly Costa Ricans complain of being denied a visa without any or an adequate explanation.</p>
<p>There is one fact beyond dispute.  The embassy workers are in a difficult situation.  It is evident by sitting in the waiting room and listening to the multitude of questions they are asked, most people do not have a clue what the United States immigration law is or does.</p>
<p>The <a href="http://www.travel.state.gov/visa/visa_1750.html" target="_blank">United States Department of State’s Web site</a> is very helpful and informative especially the section on <a href="http://www.travel.state.gov/visa/frvi/denials/denials_1361.html" target="_blank">visa denials</a>.</p>
<p>The next time a Tico thinks about getting a United States visa, he or she should go to the Web sites above to help them put their paperwork together proving they have strong ties to Costa Rica and reflecting they have no intention of staying in the United States.  The problem is, many Ticos believe the United States is the land of opportunity and have every intention to stay there if they get a visa and will abandon everything here to do so.</p>
<div class="pdflinkbox"><a rel="nofollow" href="http://crexpertise.info/pdf/1070416-02-Visas.pdf" target="_blank"><img src="http://crexpertise.info/wp-content/uploads/2010/04/pdf-icon.png" alt="" /></a><br />
<a rel="nofollow" href="http://crexpertise.info/pdf/1070416-02-Visas.pdf" target="_blank">Complimentary Article in PDF Fomat</a></div>
]]></content:encoded>
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		<title>Lack of Regulations Turning Immigration Into Circus</title>
		<link>http://crexpertise.info/lack-regulations-turning-immigration-circus/</link>
		<comments>http://crexpertise.info/lack-regulations-turning-immigration-circus/#comments</comments>
		<pubDate>Mon, 19 Mar 2007 17:32:20 +0000</pubDate>
		<dc:creator>Garland M Baker</dc:creator>
				<category><![CDATA[Immigration]]></category>

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		<description><![CDATA[Immigration law in Costa Rica is currently a circus. People&#8217;s tempers are raging. Immigration employees do not know the answers to questions. If one is lucky enough to get an appointment, it could be so far into the future one seriously wonders if he is going to be around to use it. There is a [...]]]></description>
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</p><p>Immigration law in Costa Rica is currently a circus.  People&#8217;s tempers are raging.</p>
<p>Immigration employees do not know the answers to questions.  If one is lucky enough to get an appointment, it could be so far into the future one seriously wonders if he is going to be around to use it.  There is a moratorium on renewing foreigner identification cards until July because the renewal system has disintegrated.</p>
<p><span id="more-123"></span></p>
<p>One of the many problems is there are no rules for the new immigration law which came into effect in December 2005.</p>
<p>Laws are like policy, a course of action.  For example, “honesty is the best policy.”  However, laws like policy do not set out rules or procedures to follow.   Laws are sometimes vague and need step-by-step instructions.  This is especially true in Costa Rica where the rule is “if something is not prohibited, it is permitted.”  Ethics and honesty be damned.</p>
<p>A case in point is Article 75 of the new Immigration Law.  This article affects the lives of most expats living legally in Costa Rica.</p>
<p>Summarizing the article of the law, it states, Costa Rican Immigration can authorize residencies to the following people:  1.) spouses of Costa Ricans who can prove a connubial relationship; 2.) religious missionaries for those religions that are approved by the <em>Ministerio de Relaciones Exteriores y Culto</em>; 3.) executives, representatives, managers, and technical personnel for companies considered a priority to the country;  4.) investors; 5.) retired persons (<em>pensionados</em>); 6.) scientists, professionals and technicians; 7) athletes accredited by the <em>Consejo Nacional de Deportes</em>; <img src='http://crexpertise.info/wp-includes/images/smilies/icon_cool.gif' alt='8)' class='wp-smiley' /> journalists; 9) relatives of the handicapped or the incapacitated, and 9) annuitants (<em>rentistas</em>).</p>
<p>The article generates a bunch of questions:  What constitutes a connubial relationship or a missionary?  How big does a priority company need to be to get their employees into Costa Rica?  How much do you have to invest to be an investor?  Do retired people need to be of a particular age?  What kinds of scientists, professionals and technicians?  And so on.</p>
<p>Rules or bylaws to <a href="/laws-collide-projects-big-losers/">laws in Costa Rica</a> are <em>reglamentos</em>.  Most laws here have them.  The old Immigration Law 7033 had one.  In theory, it died with the law when the new Immigration Law 8487 replaced it.</p>
<p>So what are people doing?  How are they applying for residency?</p>
<p>Well, the organizations in town that process residencies are using the old rules.  However, the immigration program is a crap shoot, especially for the investor residencies.  A person can qualify in every respect and still have their application turned down.  Since there are no rules for the law, applications are processed based on the whims of the immigration employees.</p>
<p>Articles 63 and 64 of the old immigration law <em>reglamento</em> regulated investor residencies.  It stated that investors could become residents of Costa Rica using the rules of the <em>reglamento</em> to apply.  Decree 26634 states investors must invest $200,000 in a project to qualify or $50,000 in an investment the government deems a priority.</p>
<p>There is a fast track to Costa Rican residency, Forestry Law 7575, Article 70.  It is not in question right now because it is part of an existing law that is in full force.  Investing $100,000 in reforestation qualifies an individual, their spouse and children under 18 to immediate residency.  One company in reforestation is pre-approved for this program.</p>
<p>Will there be a new <em>reglamento</em> for the new immigration law?  Probably not, the legislature is fighting to change the current law. No one likes it. Obviously, it does not work or things would not be in such a mess. Many do not like the proposed changes either.</p>
<p>For those people looking at Costa Rica as a home for the future, bring popcorn and plenty of hot dogs.  This circus is going to last for a while.</p>
<div class="pdflinkbox"><a rel="nofollow" href="http://crexpertise.info/pdf/1070319-02-Snafus.pdf" target="_blank"><img src="http://crexpertise.info/wp-content/uploads/2010/04/pdf-icon.png" alt="" /></a><br />
<a rel="nofollow" href="http://crexpertise.info/pdf/1070319-02-Snafus.pdf" target="_blank">Complimentary Article in PDF Fomat</a></div>
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		<title>New Complexities in Case of Dual Citizenship</title>
		<link>http://crexpertise.info/new-complexities-case-dual-citizenship/</link>
		<comments>http://crexpertise.info/new-complexities-case-dual-citizenship/#comments</comments>
		<pubDate>Tue, 05 Jul 2005 11:37:25 +0000</pubDate>
		<dc:creator>Garland M Baker</dc:creator>
				<category><![CDATA[Citizenship]]></category>
		<category><![CDATA[Immigration]]></category>

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		<description><![CDATA[The Hot Dog Kid likes Gallo Pinto, too! Many well wishers at this year’s Fourth of July celebration offered congratulatory comments regarding my article published in A.M. Costa Rica June 20 titled “Those who choose citizenship have long road.” One such person asked me what I was going to do about the Acts or Conditions [...]]]></description>
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</p><p><em><strong>The Hot Dog Kid likes Gallo Pinto, too!</strong></em></p>
<p>Many well wishers at this year’s Fourth of July celebration offered congratulatory comments regarding my article published in A.M. Costa Rica June 20 titled “<a href="/those-who-choose-citizenship-long-road/">Those who choose citizenship have long road</a>.”</p>
<p>One such person asked me what I was going to do about the Acts or Conditions section on the DS-82 application form for U.S. passport renewal? How was I going to answer the question when it came time to renew my passport?</p>
<p><span id="more-40"></span></p>
<p>Picking up a form at the Embassy desk, I read the section more carefully. Here it is:</p>
<blockquote><p>(If any of the below-mentioned acts or conditions has been performed by or apply to the applicant, the portion which applies should be lined out, and a supplementary statement under oath (or affirmation) by the applicant should be attached and made a part of this application.) I have not, since acquiring United States citizenship, been naturalized as a citizen of a foreign state; taken an oath or made an affirmation or other formal declaration of allegiance to a foreign state; entered or served in the armed forces of a foreign state; accepted or performed the duties of any office, post, or employment under the government of a foreign state or political subdivision thereof; made a formal renunciation of nationality either in the United States, or before a diplomatic or consular officer of the United States in a foreign state; or been convicted by a court or court martial of competent jurisdiction of committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, or conspiring to overthrow, put down, or to destroy by force, the Government of the United States.)</p></blockquote>
<p>Wow, the phrase buried in the text “I have not, since acquiring United States citizenship, been naturalized as a citizen of a foreign state” hit me like a brick.</p>
<p>What does it mean?</p>
<p>Well what it means is the U.S. government says a passport is not a right, for there are conditions assigned to it. According to the U.S. government a citizen does not have a free and unencumbered right to travel outside the geographic borders of the U.S. without the approval of the STATE.</p>
<p>It also means citizenship is not a total right as in Costa Rica, something that can not be taken away or lost.</p>
<p>Can U.S. citizenship be lost or your passport not be renewed because you decide to become a Tico or some other nationality?</p>
<p>This was the case for a long time. The only reason dual citizenship was accepted by the U.S. government was due to special circumstances where one had dual citizenship due to birth.</p>
<p>Further research into the matter found these “out-of-date” restrictions were shot down in 1967 by the U.S. Supreme Court and again in 1980. The statute books were updated in 1986.</p>
<p>The major Supreme Court case that changed the laws had to do with a Polish man named Beys Afroyim fighting to keep his U.S. citizenship after voting in an election in another country where he was also a citizen. He argued the 14th Amendment to the U.S. Constitution protected his right to citizenship. This amendment was originally meant to guarantee citizenship to freed slaves and their descendents after the civil war.</p>
<p>Section 1 of the 14th Amendment to the U.S. Constitution reads:</p>
<blockquote><p>All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.</p></blockquote>
<p>The Supreme Court agreed with Afroyim and the law changed, noting that no law could be enacted which had the effect of depriving an American of his or her citizenship without his or her expression of agreement or acceptance. In other words, nowadays the only way to really lose your U.S. citizenship is by renouncing it.</p>
<p>But wait! There is a catch. Isn’t there always a catch when it comes to government matters? Renouncing ones U.S. citizenship can be expressed or implied as in “expression of agreement or acceptance” noted above.</p>
<p>Taking on another nationality can be an act where the U.S. government interprets an implied act of renouncing U.S. citizenship. There are many other acts, like joining another country’s army, voting, running for some office — all of which can be construed as an implied act of renouncing one&#8217;s U.S. citizenship.</p>
<p>There are also some caveats, of course. One who is a U.S. citizen is required to always enter the United States with his or her U.S. passport even if they have more than one because they have dual citizenship.</p>
<p>Another is that a U.S. citizen loses all rights to protection by the United States in the country of which they have accepted another nationality. There are others but these two are among the most important.</p>
<p>This all said, how am I going to answer the question on the form DS-82? Well I am going to put a line through the phrase, been naturalized as a citizen of a foreign state, and attach a statement indicating I became a Costa Rican naturalized citizen because I liked <em>gallo pinto</em> (rice and beans Costa Rican-style) and had no intention whatsoever of renouncing my U.S. citizenship in doing so.</p>
<p>In the past, in these situations, the U.S. representative accepting a passport renewal application would have you fill out another form, but now days they just ask you the question if you intend to give up your U.S. citizenship.</p>
<p>Obviously, my answer is no. If I lose my passport, I couldn’t take my family to the 4th of July party each year.</p>
<div class="pdflinkbox"><a rel="nofollow" href="http://crexpertise.info/pdf/1050705-02-Losing-citizenship.pdf" target="_blank"><img src="http://crexpertise.info/wp-content/uploads/2010/04/pdf-icon.png" alt="" /></a><br />
<a rel="nofollow" href="http://crexpertise.info/pdf/1050705-02-Losing-citizenship.pdf" target="_blank">Complimentary Article in PDF Fomat</a></div>
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		<title>Those Who Choose Citizenship Have Long Road</title>
		<link>http://crexpertise.info/those-who-choose-citizenship-long-road/</link>
		<comments>http://crexpertise.info/those-who-choose-citizenship-long-road/#comments</comments>
		<pubDate>Mon, 20 Jun 2005 11:38:12 +0000</pubDate>
		<dc:creator>Garland M Baker</dc:creator>
				<category><![CDATA[Citizenship]]></category>
		<category><![CDATA[Immigration]]></category>

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		<description><![CDATA[Dual citizens are torn by mixed loyalties Becoming a citizen of Costa Rica is a long, tedious road. The process is slow and requires patience. Filling out the forms is easy enough, but every document presented to el Tribunal Supremo de Elecciones or Supreme Court of Elections is put under a microscope to see if [...]]]></description>
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</p><p><em><strong>Dual citizens are torn by mixed loyalties</strong></em></p>
<p>Becoming a citizen of Costa Rica is a long, tedious road.</p>
<p>The process is slow and requires patience. Filling out the forms is easy enough, but every document presented to <em>el Tribunal Supremo de Elecciones</em> or Supreme Court of Elections is put under a microscope to see if one qualifies. The mere misspelling of a word or name in any document can put the process on hold for months or years.</p>
<p><span id="more-42"></span></p>
<p>Once the wait is over, taking the oath of citizenship is a joyful day. One truly feels part of the country much more so than being a permanent resident.</p>
<p>Here are the different types of Costa Rica citizenship:</p>
<p>By birth: Children born within the territory of Costa Rica, regardless of the nationality of the parents, have the right to Costa Rican citizenship.</p>
<p>By decent: Children born abroad have the right to Costa Rican citizenship if at least one parent is a citizen of Costa Rica.</p>
<p>By naturalization: Central Americans, Spaniards and Latin Americans by birth who have lived in the country for at least five years can apply for Costa Rican citizenship. Central Americans, Spaniards and Latin Americans, other than by birth, as well as foreign nationals who have lived in the country for at least seven years can also apply for citizenship.</p>
<p>Foreigners who have married a citizen of Costa Rica can apply for Costa Rican citizenship after two years.</p>
<p>As of June 6, 1995, articles 16 and 17 of the Costa Rican Political Constitution were modified to state that there are no grounds for loss of Costa Rican citizenship even if there is a voluntary or involuntary reason to<br />
renounce it. This means you can never lose citizenship once you obtain it. This change to the constitution came about because Dr. Franklin Chang, a Costa Rican-born scientist and NASA astronaut, became a U.S. citizen<br />
and was consequently stripped of his Costa Rican citizenship. There was a public outcry in Costa Rica. The country did not want to lose such an illustrious Tico to the United States. In response, the law was changed.</p>
<p>What is dual citizenship?</p>
<p>A person is considered a dual national when he or she owes allegiance to more than one country at the same time.</p>
<p>Can one keep U.S. citizenship after becoming a Costa Rican?</p>
<p>Yes. However, the U.S. government does not encourage this as a matter of policy because of the problems it may cause.</p>
<p>Dual nationals owe allegiance to both the United States and the foreign country, and they are required to obey the laws of both countries.</p>
<p>The country where a dual national lives generally has a stronger claim to that person&#8217;s allegiance.</p>
<p>Recognizing the trend, the United States is tolerant of dual citizenship despite the stern wording in the U.S. naturalization oath where one renounces allegiance to all other nations.</p>
<p>In other words, the United States looks the other way. The United States is merely accepting a growing reality.</p>
<p>One of the most important reasons the United States permits dual citizenship with Costa Rica is because there is no army here and one does not have<br />
to swear to protect the country, just to uphold the constitution.</p>
<p>One of every 100 people on earth lives outside their country of birth. Transmigration in recent decades has reached an unprecedented scale. With the shrinking of the world through cheap travel and telecommunications,<br />
governments are beginning to catch up with an unstoppable trend — dual or even multi-citizenship.</p>
<p>A second or even a third passport has become not just a link to a homeland but also a glorified travel visa, a license to do business, a stake in a second economy, an escape hatch, even a status symbol.</p>
<p>There are also practical reasons to carry two passports. It is much easier to travel in countries that are antagonistic to Americans with a passport from Costa Rica, which is known as a peaceful country, sometimes<br />
referred to as &#8220;Little Switzerland.&#8221;</p>
<p>On a personal note, this writer is very happy to have gone through the process to become a naturalized Costa Rican citizen even though the “<em>tramite</em>” or “red tape” took two years and six months.  The new identification card or <em>cédula</em> will take some getting used to. It now reflects two last names, both father’s and mother’s. My mother’s is a very long and difficult to pronounce Russian-German name. Nobody in Costa Rica can pronounce Garland let alone Brungardt. In fact, this is why the process took so long. No one at the <em>Tribunal Supremo de Elecciones</em> could get it right.</p>
<div class="pdflinkbox"><a rel="nofollow" href="http://crexpertise.info/pdf/1050620-02-Two-Hats.pdf" target="_blank"><img src="http://crexpertise.info/wp-content/uploads/2010/04/pdf-icon.png" alt="" /></a><br />
<a rel="nofollow" href="http://crexpertise.info/pdf/1050620-02-Two-Hats.pdf" target="_blank">Complimentary Article in PDF Fomat</a></div>
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