Obtaining Argentine citizenship by naturalization is the natural culmination of the immigration journey: the moment when a foreign national ceases to be a resident and becomes an Argentine citizen, with all the attendant political and civil rights and consular protection. It is also one of the most demanding processes in Argentine immigration law — and one where professional legal advice makes a decisive difference.
Unlike most countries in the region, in Argentina citizenship is not processed through an administrative body but before a Federal Court in Civil and Commercial Matters. The process is judicial and adversarial, with the participation of the Federal Public Prosecutor and the Ministry of Interior. A well-prepared application reaches a favourable judgment; a poorly assembled one can take years or end in rejection. At Tchestnykh & Asociados we have handled over 1500 Argentine citizenship cases with consolidated case law in Chambers I and II of the National Court of Appeals in Civil and Commercial Federal Matters.
Citizenship by naturalization is the mechanism for acquiring Argentine nationality established in art. 20 of the National Constitution and regulated by Law No. 346 on Citizenship, enacted in 1869 and still in force with its amendments. It may be sought by foreign nationals over 18 years of age who meet the basic requirements of lawful residence, good conduct, an honest means of living, and an express declaration of intent.
Not everyone has to wait two years. Art. 2(2) of Law 346 allows naturalization before that period is complete for applicants who establish certain qualifying ties to the nation. In practice, the two most common routes are marriage to an Argentine national and the birth of a child on Argentine soil.
A person married to an Argentine-born national may apply for citizenship without having completed two years of residence. The law draws no distinction based on sex or gender: it applies equally to the foreign husband of an Argentine woman, the foreign wife of an Argentine man, and same-sex marriages celebrated under Law 26,618. What the court assesses is the genuine, current existence of the bond — cohabitation, a shared life project, joint documentation — never the spouses' gender or identity.
Having a child born in the Argentine Republic opens the same accelerated route, equally available to the father and the mother. Argentina applies ius soli: every child born on national territory is an Argentine national from birth, regardless of the parents' nationality, marital status, or immigration status. That parentage is evidenced by the Argentine birth certificate and the child's DNI, and it is the basis for either parent's naturalization application.
Important: the accelerated route shortens the residence period but does not waive the remaining requirements — good conduct, an honest means of living, and an express declaration of intent. The case is still heard by the Federal Court in Civil and Commercial Matters, with the Federal Public Prosecutor's involvement.
This is the central — and most contested — requirement. Law 346 refers to "continuous residence" without defining whether it must be lawful or whether de facto presence also counts. Federal courts have repeatedly held that the two-year period runs from the first registered entry into the country according to DNM records, even if during part of that period the applicant held precarious or irregular status.
Regarding absences: courts accept reasonable absences if the applicant maintained their centre of life in Argentina. However, prolonged absences — exceeding 6 continuous months or totalling more than 30% of the period — may be interpreted as an interruption of ties to the country. Each case requires a specific analysis of the evidence.
Art. 2(1) of Law 346 requires proof of an "honest means of living." Courts interpret this requirement broadly: salaried employment, practice of a liberal profession, activity as a monotributista or self-employed person registered with ARCA, university or secondary studies, teaching, retirement pension, income, or family support. We substantiate ties to Argentina with a variety of documents:
The applicant must submit a criminal record certificate from the National Recidivism Registry, a certificate from the country of origin bearing an apostille and translated by a sworn public translator, and records from any other country where the applicant lived for more than one year after the age of 16. Courts interpret "good conduct" reasonably: minor, time-barred, or long-served convictions do not necessarily bar naturalization. The Supreme Court has held that a rejection must be grounded in serious and current circumstances.
We verify compliance with requirements, calculate absences from the country based on official DNM records, identify potential objections, and design the evidentiary strategy.
We submit the application to the competent Federal Court in Civil and Commercial Matters for the applicant's domicile. The filing must set out all relevant facts and be accompanied by documentary evidence.
The court requests reports from DNM on the exact date of entry and immigration movements, from the National Recidivism Registry, from ARCA, and, depending on the case, from other agencies.
The law requires publication of a notice in the Official Gazette announcing the citizenship application, so that any person may lodge an objection.
Some courts call the applicant to a hearing to verify their ties to the country, language proficiency, and intent to naturalize.
The Public Prosecutor's Office issues an opinion on the admissibility of naturalization. If it issues an unfavourable opinion or requests additional measures, we submit the appropriate responses.
The judge issues a judgment granting or denying citizenship. The judgment may be appealed before the Federal Court of Appeals in Civil and Commercial Matters.
Once the judgment is final, the applicant takes an oath of allegiance to the Constitution and receives the Certificate of Citizenship. The Argentine national identity document (DNI) and passport are then processed.
When the applicant travelled abroad for extended periods — for work, health, study, or family reasons — we build an evidentiary strategy demonstrating that the centre of life remained in Argentina.
For nationals of conflict-affected countries, refugees, or persons who face difficulties obtaining documents from their country of origin, we argue practical impossibility of compliance and offer substitute evidence (sworn statements, consular reports, international organisation certificates).
When there are errors in the records — incorrectly entered dates, unrecorded departures, incomplete data — we initiate the relevant correction proceedings so that the court has accurate information.
When a rejection judgment applies criteria contrary to the Constitution or Supreme Court precedents — for example, quantitative physical-presence requirements that the law does not establish — we file an Extraordinary Federal Appeal in accordance with Supreme Court Acordada 4/2007.