I was born in Spain to Cuban exiles.I came to the U.S when I was very little and have been living here ever since.I became a U.S citizen by the Naturalization process three years ago I am now 22yrs old.I recently went to the Spanish embassy to claim my Spanish citizenship.By Spanish Nationality law, those individuals born in Spain of foreign parents if neither of them have a nationality, or if the legislation of either parent’s home country does not grant the child any nationality they are Spanish by origin;However the Registro Civil told me to acquire Spanish citizenship there are two ways (1) by living in Spain for a year. (which probably means Naturalization and I don’t want to do it that way,hence I was born there and I don’t want to give up my U.S citizenship.)(2)Have the Cuban embassy sent me an official letter saying I am not of Cuban nationality.My Cuban parents are exiles from Cuba and denounce the Cuban government,probably meaning they are no longer of Cuban nationality according to Cuba.The problem with this method is that the Cuban embassy won’t response back to me.Can anybody help??

oliver f,
one question,
when your parents took you to the usa, what passport did you use?

I think it was a refugee travel document.Geneva convention travel document.

oliver f,
while in the usa, before you became an american citizen, what passport did you have?
in that travel document you traveled with to the usa, what citizenship did you have?

WHile in the U.S I didn’t have a passport until recently after I became a U.S citizen.I don’t remember.I don’t have the document with me.It said I was born in Madrid,Spain.

oliver f,
if cuban citizenship is automatically passed on by cuban parents to their children regardless of birthplace,
then you are cuban.
if cuban citizenship is passed on by cuban parents to children born outside cuba after they go thru some paperwork with the cuban embassy,
then you were born stateless and your parents should have applied for natural born spanish citizenship for you.
but i guess they just applied for geneva convention travel documents for you so you could go to the usa immediately. they could not wait for the resolution to be given by the registro civil.
stateless newborn babies are eligible for natural born citizenship in spain, but it has to be applied for and certain requirements are to be met.
in your case, now that you are a usa citizen, you are no longer stateless and therefore no longer eligible for this kind of citizenship.

in any case the fact that you were born in spain, you should have a spanish birth certificate, try to get a copy and see what is written on it regarding your nationality.

I have the original it does not mention any citizenship only that I was born in Madrid.

Cuban Nationality Laws are as follows;
By birth
1. those born in national territory, with the exception of the children of foreign persons at the service of their government or international organizations. In the case of the children of temporary foreign residents in the country, the law stipulates the requisites and formalities;
  2. those born abroad, one of whose parents at least is Cuban and on an official mission;
  3. those born abroad, one of whose parents at least is Cuban, who have complied with the formalities stipulated by law;
  4. those born outside national territory, one of whose parents at least is Cuban and who lost their Cuban citizenship provide they apply for said citizenship according to the procedures stated by law;
  5. foreigners who, by virtue of their exceptional merits won in the struggles for Cubans liberation, were considered Cuban citizens by birth.

My parents don’t fit any of those requirements.

It’s very confusing and at times frustrating to say you were born in Spain yet you can’t be a citizen of your own country.Regardless of technicalities, this is very discriminating I feel.One good thing that could be said about the U.S citizenship laws is ;granted that you were born to foreigners in American soil you are still consider an American by birth not a second class person.Even If I am not currently stateless I should have my legal birth right to be citizen of my country it’s not like i am renouncing my american citizenship.I didn’t choose to be born there.

oliver f,
you were born stateless because many american countries use to have the “jus soli” law only, which means that you are a citizen if you were born there, but they did not want to extend the citizenship automatically to children born abroad to citizen parents, they want them to go apply for it at their embassies. now that their population is depleting because of emigration, they have included the “jus sanguinis” law as well, children of citizens are citizens as well.

the granting of citizenship to stateless babies is a form of aid not right because the parents decide which citizenship their children should have, applying for the spanish or the cuban one in your case.

oliver f,
you might still have a chance to get your spanish citizenship

if you speak spanish follow the instructions in this link

http://www.mjusticia.es/cs/Satellite?pagename=Portal_del_Derecho/Page/FichaFaq&idTematica=1070283376284&idFaq=1070283376061&cid=1151913189133&c=Page&p=1151913189133&menu_activo=1151913189133&lang=es_es&idPreg=1070283375964#1070283375964

I speak Spanish and read it but I am not sure of what directions to follow or where to begin.I click the Registro Civil link on criteria of spanish origin which is closest to my case and it showed me the phone numbers for registro civiles according to areas.

oliver f
sorry about the dead end link
here is the application form
http://www.mjusticia.es/cs/Satellite?blobcol=urldescarga2&blobheader=application/pdf&blobkey=id&blobtable=Tramite&blobwhere=1060583996952&ssbinary=true
it may a long shot but as i read the law and various resolutions you are a natural born spaniard in opinion now but it has to applied for.
normally parents apply for their minor children, but i you will have to do it yourself
check below
http://www.boe.es/boe/dias/2007/04/10/pdfs/A15254-15256.pdf
if you scroll to down to “DECLARACI?N, CON VALOR DE SIMPLE PRESUNCI?N, DE LA NACIONALIDAD ESPA?OLA.
NACIDOS EN ESPA?A DE PADRES EXTRANJEROS ” it gave me the impression that it can be applied for in the consulate
http://www.cgeonline.com.ar/gubernativos/docRequerida/docrequeridaGubernativos.php
but i would advise you to come over talk to a lawyer and apply or apply directly in spain.
you will need birth certificates/marriage certificates duly authenticaticated (ask spanish consulate on legalisation of cuban documents) of your parents from cuba
supongo que tendr?s que empadronarte aqu? en espa?a
and you willl need a certificate from the cuban consulate in madrid that you did not acquire cuban citizenship from your parents.
surf the spanish net for “nacionalidad espa?ola con valor de simple presunci?n” to get more info like the ff
http://www.parainmigrantes.info/nacionalidad-espanola-con-valor-de-simple-presuncion/
do you have the same lastnames in your usa passport as they are in your spanish birth certificate?

Hey , how are you?

It’s been almost a year and I have an update.I am here in Spain visiting my ill grandfather .I leave this August.

So I went to the Cuban consulate and got the certificate saying that I didn’t acquire Cuban citizenship according to Cuban law article something something says there was a period of three months my parents had to register me in which they fail to do so .60 euros!But before I had to go to the Spanish registro civil here in Madrid to prove that I was who I claim to be.It took some time to find me because I told them my name is but I appear Castellano without the s.Typical seseo mistake hence the s is not pronounce oftently in cuban spanish .So the nuns that register me probably misinterpret what my parents said.So hence the Certificate says Castellano as I appear in my inscripci?n de nacimiento.

I have read the U.S Nationality Law and does not mention anything about me losing my current U.S citizenship plus dual citizenship is recognised by law.I don’t see why I would lose it if I have my right to exercise dual citizenship as a Spaniard of origin by law and I don’t have to undertake oath meaning not going through the naturalizing process or commting an unlawful act of treason .I am here in Madrid for a month,what are the next steps in gaining my Spanish Citizenship??Also ,what does having my name spelled Castellano instead of Castellanos mean for me in gaining Citizenship and how and when to fix it?

oliver f - 04 July 2011 03:12 AM

Hey , how are you?

It’s been almost a year and I have an update.I am here in Spain visiting my ill grandfather .I leave this August.

So I went to the Cuban consulate and got the certificate saying that I didn’t acquire Cuban citizenship according to Cuban law article something something says there was a period of three months my parents had to register me in which they fail to do so .60 euros!But before I had to go to the Spanish registro civil here in Madrid to prove that I was who I claim to be.It took some time to find me because I told them my name is Oliver Fortuny y Castellanos but I appear Castellano without the s.Typical seseo mistake hence the s is not pronounce oftently in cuban spanish .So the nuns that register me probably misinterpret what my parents said.So hence the Certificate says Castellano as I appear in my inscripci?n de nacimiento.

I have read the U.S Nationality Law and does not mention anything about me losing my current U.S citizenship plus dual citizenship is recognised by law.I don’t see why I would lose it if I have my right to exercise dual citizenship as a Spaniard of origin by law and I don’t have to undertake oath meaning not going through the naturalizing process or commting an unlawful act of treason .I am here in Madrid for a month,what are the next steps in gaining my Spanish Citizenship??Also ,what does having my name spelled Castellano instead of Castellanos mean for me in gaining Citizenship and how and when to fix it?

you do not have to take an oath of allegiance or renounce your usa citizenship.
you are just going to apply for natural born spanish citizen ship thru “Nacionalidad por valor de simple presunci?n”.
you can have the “s” added to your segundo appellido by submitting your parents passpors or documentation or id to support it.
check the following links

http://www.madrid.org/cs/Satellite?c=CM_InfPractica_FA&cid=1142557068663&idConsejeria=1109266187224&idListConsj=1109265444710&idOrganismo=1109266227822&language=es&pagename=ComunidadMadrid/Estructura&pv=1142557055833&sm=1109170600517#Modos_nacionalidad

http://www.madrid.org/cs/Satellite?blobcol=urldata&blobheader=application/pdf&blobheadername1=Content-Disposition&blobheadervalue1=filename=Solicitud+nac.+simple+presunci?n.pdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1266134658809&ssbinary=true

http://www.madrid.org/cs/Satellite?blobcol=urldata&blobheader=application/pdf&blobheadername1=Content-Disposition&blobheadervalue1=filename=Requisitos+simple+presunci?n.pdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1266134661095&ssbinary=true

the above should give you the info you need.
try to consult a lawyer on this matter, your relatives here may be able to help you.
the lawyer may be necessary because you are not living spain at present.

I don’t have their documents with me.I am having my mom scan hers and Dads Old Cuban passports and sent to my email.I tried to talk to a lawyer by Nuevo ministerios but it was a little expensive for the first visit.i am on tigh budget .My aunt which lives her in Spain says she is willing to empradronarme.How long will this all take.Is it better to do it at the Spanish consulate back in Miami.

oliver f - 04 July 2011 06:29 PM

I don’t have their documents with me.I am having my mom scan hers and Dads Old Cuban passports and sent to my email.I tried to talk to a lawyer by Nuevo ministerios but it was a little expensive for the first visit.i am on tigh budget .My aunt which lives her in Spain says she is willing to empradronarme.How long will this all take.Is it better to do it at the Spanish consulate back in Miami.

ok first things first, get your segundo appellido corrected while you are here. do you have same last names in your usa passport? if you are just here for a visit, go to the registro civil central in plaza jacinto benavente and ask if you can apply for it at the spanish consulate in the usa or if you can have someone in spain do it for you. i do not now how long it takes, but one advantage is that you already have a spanish birth certificate, once your spanish nationality is granted,  they will just add a side note mentioning that your a natural born spaniard, then you can get the dni, a new passport, etc. remember how to apply for the birth certificate online so you do not have to line up.

aritz - 04 July 2011 11:23 PM

oliver f - 04 July 2011 06:29 PM

I don’t have their documents with me.I am having my mom scan hers and Dads Old Cuban passports and sent to my email.I tried to talk to a lawyer by Nuevo ministerios but it was a little expensive for the first visit.i am on tigh budget .My aunt which lives her in Spain says she is willing to empradronarme.How long will this all take.Is it better to do it at the Spanish consulate back in Miami.

ok first things first, get your segundo appellido corrected while you are here. do you have same last names in your usa passport? if you are just here for a visit, go to the registro civil central in plaza jacinto benavente and ask if you can apply for it at the spanish consulate in the usa or if you can have someone in spain do it for you. i do not now how long it takes, but one advantage is that you already have a spanish birth certificate, once your spanish nationality is granted,  they will just add a side note mentioning that your a natural born spaniard, then you can get the dni, a new passport, etc. remember how to apply for the birth certificate online so you do not have to line up.

The cuban certificate that says that I didn’t acquire the cuban nationality says my name is as it is written in in my spanish birth certificate which is wrong.I imagine I probably have to fork up another 60 bucks to the cuban consulate once I get it corrected.I hope they could make an exception.That’s another thing ,do I correct it at the registro civil in Benavente or the one in Pradillo?

My U.S passport has my name written correctly with the “s” at the of my segundo apellido.

Tomorrow I am going to pass by Benavente and asked them what you are telling me as far how long everything takes and if it’s better to do it back in Miami or have it someone do it for me.

Also I am going to get another copy of my b/certificate but just in case where can I apply for my birth certificate online.

And thanks for quick responses.