Saturday, 31 July 2010

A bit of good news

In August 2008, we found out that if we can prove that my mom is still a citizen, then I'd be a citizen. We sent the documents, but due to personal issues on both sides (myself and my lawyer) we decided to put the project on hold in August 2009. We started up again earlier this year after I got my Romanian birth cert!

The Chicago consulate doesn't recognise her citizenship on the basis that her passport has long expired, she doesn't speak Romanian, and she hasn't lived there since she left. Fortunately, the UNHCR and the Romanian Consitution disagree with the Chicago consulate.

Giving Up Romanian Citizenship
According to Romanian law, my mother can't have had her Romanian citizenship revoked, because it was required by birth.

This is from EICEE.

(1) Romanian citizenship can be acquired, retained or lost as provided for by the organic law.
(2) Romanian citizenship cannot be withdrawn if acquired by birth.

This is from UNHCR:
Article 5 (section 2) of the Constitution of Romania that was adopted by the Romanian Parliament on 21 November 1991 indicates that Romanian nationality acquired by birth cannot be taken away from anyone (Monitorul Oficial 21 Nov. 1991). The UNHCR also has an English copy of Romanian citizenship laws.

Next Steps
Therefore if either my grandfather, grandmother, or my mother is still registered as a Romanian according to the Ministry of Internal Affairs, then I would be Romanian and could get the passport. I doubt that my grandmother would be listed as a citizen, since she was naturalised and therefore her citizenship was easier to revoke. We're hoping that my mom is still a citizen, since my grandfather passed away and my mom is closer to me by ancestry.

if can prove that my mom is still a citizen and hasn't renounced her citizenship or had it revoked, then I'd be a citizen. We're 100% sure that she never renounced it since she couldn't talk when she left Romania. Now we just have to prove that Romania never revoked her of her citizenship, which incidentally, is no illegal according to UNHCR and the Romanian Constitution.

I should find out by September. That's about two months. Though I'm not holding my breath since things seem to take a long time to get done in Romania.

Be sure to read about what has happened so far. You can find everything in the quick summary of dates.


Monday, 12 July 2010

FAQ: Why not go to Romania?

You said, "The fact that I don't speak Romanian, nor have even stepped foot in the country isn't helping the matter."

Not only is it "not helping", it's the key part of the problem. If you just went there and integrated into the system, you'd probably be able to resolve your citizenship quest within a year. Two at tops. Romania is a place where you have to be there in person to get things done.

In Romania things are much like here in Korea. There's the official rules and procedures, and then there's the actual rules and procedures. Even without bribing people or getting an acquaintance to pull some strings for you, being there in person to argue your point of view or to push to get something done will get a lot more accomplished than writing and calling offices.

I think that you're making a mountain out of a mole hill.

First, I have a lawyer, IN Romania and he's been trying to do this since 2007. He has power of attorney, so that's not the issue. There's lots of paperwork and our case isn't exactly cut and dry either. Second, I don't have the means to go to Romania for two years. First off, I'd need a visa and don't think I'd be able to get one since Romania's now part of the EU. Second, if I don't have a visa, my husband won't get one either. Third, I suppose I could just go there every couple of months, but I don't have a job that lets me leave for months at a time.

Anyways, I did get my Romanian birth cert while in Peru Smile Anyways, I have a lawyer in Romania and he's run into the same issues. I'm not the one making a mountain out of a mole hill, it's the govt.

Be sure to read about what has happened so far. You can find everything in the quick summary of dates.


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