Can I Claim Spanish Nationality?

[Charolette]

Mine too! I can hardly wait to get them in the ground and see them take off. We rally enjoyed them last year!

[Julian Fernandez]

Hola.

The following is the text of an email sent to me by the Spanish consulate in Houston. It lists the documents required by me, the grandchild of a Spanish National, to successfully apply for Spanish citizenship.


CONSULADO GENERAL DE ESPAÑA
HOUSTON (EE. UU.)


NACIONALIDAD: LEY DE MEMORIA HISTÓRICA




Se trata de la L52/2007, Ley de Memoria Histórica por la cual los hijos o nietos de españoles pueden Optar por la nacionalidad española de origen, sin renunciar a su nacionalidad anterior.

La documentación necesaria es:

1. Pasaporte vigente y prueba de residencia en EEUU (visa, green card…)

2. Acta literal de nacimiento del solicitante, reciente (con una antigüedad no mayor a 6 meses) y con la Apostilla de la Haya, que se solicita en el mismo país de nacimiento, en la Secretaría de Estado, Relaciones Exteriores…
En el caso de Cuba, no existe Apostilla pero se tiene que solicitar el sello DACCRE en Relaciones Exteriores.

3. Acta de nacimiento del padre o madre (el que sea hijo del español de origen) con la Apostilla de la Haya.

4. Acta de matrimonio de los padres.

5. Acta de nacimiento del abuelo español.

6. Acta de matrimonio de los abuelos.

Aquí hay dos supuestos:

7a. Caso de que el abuelo hubiese salido de España, como consecuencia del exilio, entre julio de 1936 y diciembre de 1955. Aquí hay que presentar documentación que lo demuestre: Un pasaporte con un sello de entrada en el país en esas fechas, una pensión de guerra…además de la carta de naturaleza del país al que emigró (si es que existió).

7b. Caso de que el abuelo hubiese salido de España en cualquier momento y se hubiera naturalizado del país a donde emigró después del nacimiento del padre o madre del solicitante. Aquí hay que presentar la carta de naturalización o bien un certificado negativo de naturalización expedido por Relaciones Exteriores.

2 FOTOCOPIAS DE CADA DOCUMENTO

Además deberá rellenar y firmar en el Consulado 2 documentos: Declaración de datos y Anexo I o II, en función de si se presenta el documento 7a o 7b. El Consulado a donde deberá acudir para hacer el trámite es aquel que le pertenezca en función de su residencia y es posible que se le pida información adicional, dependiendo de la presentada.


En este Consulado General es el jueves, el día que se atiende nacionalidad, de 9.00 a 1.00.

N.B., they require an official copy of your birth certificate that is less than six months old. And remember the deadline is this November, 2011. [** Art: Please see next message for correction. **]

Good Luck.

[Art]

Thanks, Julian. That's very similar to the list of document they asked Charolette and I to provide. They will keep your original birth certificate, but should return the other originals.

Please note that the deadline is not this coming November but December 27, 2011. Well, that's coming fast, too!

----------------------

Gracias, Julián. Es muy similar a la lista de los documentos que nos pidieron a Charolette y a mí. Van a guardar tu acta de nacimiento original, pero normalmente te regresan los demás originales.

Ten en cuenta que la fecha límite no es el mes de noviembre que se acerca, pero el 27 de diciembre 2011. ¡Pues, también se acerca!

[Julian Fernandez]

Art,

Thanks for the correction.

[Julian Fernandez]

Art or anyone who has pursued Spanish repatriation through La Ley de los Nietos,

I have all necessary documentation necessary except a "clean" copy of my father's birth certificate from Florida. The official, seal-bearing certificate that I possess misstates his given name("Elias" instead of "Jose"), his date of birth by five days and misspells my grandmother's given name. I have correspondence between my father and the State dating from 1974 detailing my father's attempt to correct the mistakes. He never finished the process and the State will not amend a birth record after the death of its subject.

I have an original baptismal certificate containing all correct information and a recent letter from the diocese confirming that the same information exists in their records.

This birth record was accepted by the Department of State and the Department of Defense during my Dad's life. But will it be a stumbling block in my application with the Spanish government? Should I avoid "muddying the waters" with this problematic birth record and rely on the baptismal certificate? Should I even mention the birth record?

I'm leaning toward not submitting the birth record. I meet with the official at the consulate tomorrow. Any thoughts?

[Art]

Well, that's difficult, isn't it?

Are you sure that Florida won't amend the birth certificate? (I'm guessing you are.)

Which birth record was accepted by the Departments of State and Defense? Do you have any documentation of that? Do you have his passport?

I corrected a number of our documents, but I don't think we corrected any birth certificates. They were (seemingly) willing to accept my grandfather's birth certificate (which had different names on it and was uncorrected), but I also had the baptismal and marriage certificate with the correct names.

I think you'd need an official document saying that there is no birth certificate in order to use just the baptismal certificate. That won't work in your case.

So, all in all, I'd take them all of your documentation with you to the consulate and hope that you get a sympathetic, thinking person to work with you.

Good luck, and let us know how it goes!

[Charolette]

Hi Art
I just got a call from the Consulate in San Francisco and they have my Spanish birth certificat! They are putting it in the mail and I should have it early next week. I am so excited! It has been almost a full year.

[Art]

That's excellent news, Charolette! Congratulations.

If I remember correctly, you will have a short time (it may be one year, I don't recall) once you have your birth certificate to apply for a passport. After that period, you lose the opportunity. There is a small fee (it was recently $26) and you'll almost certainly have to appear in person to apply and submit a couple of new passport photos.

[Charolette]

Art
We are going to the Consulate in mid June. The lady that called me said that I wouldn't need to make an appoinment. She also said that it will take a little over 2 weeks to get the passport. I just might have it before I go to Spain in September!

[Julian Fernandez]

Art,

Thanks for the above reply. I presented my application and documents(including my father's birth certificate) yesterday at the consulate in Houston. I was told by the very polite and helpful woman who received them that my father's birth record was a major stumbling block and that the baptismal record that I submitted would not suffice. If I understood her correctly, she said that she could not recommend my application for processing without an amended birth record. I also had neglected to obtain the Apostille of the Hague on my own birth certificate. I am tending to that. Everything else was in order.

In answer to your questions:

I was told by the Florida State Vital Statistics department that amending the birth record of a deceased individual is not possible. This morning, I have contacted my family's attorney in Florida to see what, if anything, can be done. If there truly is no recourse offered by the State, then I can only assume that the issue of Spanish citizenship is dead for me.

The SSA and the Department of Defense must have accepted my father's inaccurate birth record as he both received SS benefits and served before, during and after WWII. I pointed this out to the consulate official, but she was unimpressed.

All in all, expected but still disappointing.

Julian

[Art]

That's too bad, Julian, but not surprising. Let us know how it goes with the lawyer.

[Charolette]

After 355 days I finally have my Spanish birth record!!! I am very excited!
Now I just have to figure out what all I need to apply for my passport. The letter I recieved with the certificate just says that I need finger prints of my index fingers of both hands, with medium security. I'm not sure what that is. Also I know I need passport pictures but I think that the Spanish ones are a different size. Maybe Manuel can tell me what he had to have to get his passport?

[Art]

Great!

In Maryland, many of the local police and sheriff's departments will take finger prints. here are also private companies that provide this service.

I don't know "medium security" means, but they may be asking for a criminal records check. Often prints are taken so they can be checked against criminal records. It'd be worth calling the consulate for advice.

I think almost all states participate in a program called LiveScan. You may want to see this listing of Maryland's program for a range of options:
http://www.dpscs.state.md.us/publicserv ... rint.shtml

[Charolette]

After translating the letter again I think it says that the fingerprints have to be on "high security media storage". I still don't know what that is but it does make more sense.

[Charolette]

Art
I went to the Consulate yesterday to apply for my passport. They don't make appointments for passports so I had to wait a long time (4 hours). They were very busy and very apologetic for my long wait. The regular US size passport photos were fine and they do the fingerprints. I had to fill out 3 forms, get the fingerprints and pay $22.12. Because I didn't want to come back to the Consulate to pick up my passport, I had to supply a self addressed "Express Mail flat rate envelope". They said I would receive my passport in about 2 1/2 weeks.