Puerto Rican Citizenship?

No such thing as a Puertorican "citizen" - we are all American citizens. BUT, if you were born in PR or your parents were, you can compete on the PR Olympic team. If you were born in the mainland and reside here, you cannot. I could live here forever as a PR resident but that doesn't make me Puertorican.

On March 2, 1917, Wilson signed the Jones-Shafroth Act, under which Puerto Rico became a U.S. territory and Puerto Ricans were granted statutory citizenship, meaning that citizenship was granted by an act of Congress and not by the Constitution (thus it was not guaranteed by the Constitution).

There is a Puerto Rican citizenship, but it is only recognized by Spain. There is a formal goverment set of forms to fill out if you want the decree. If you decide to move to Spain, it is very easy is you hold Puerto Rican citizenship.

If you were born in Puerto Rico, regardless of your ancestry you are Puerto Rican, that is all. If Puerto Rico were to become independent (unlikely) then it will mean a lot that you were born in the Island.

As to United Nation Recognition, We are US citizens but Puerto Rico is a country that is a territory of the United States. A resident of the island whose income comes from the island does not pay federal taxes, this is because PR is not in the US, but a separate financial entity. It is a really weird state, "Puerto Rico foreign in a domestic way" according to congress. We have or own representation in Miss Universe and the Olympics. We can participate for either Puerto Rico or for the USA, we can be in either team.

Suzanne is generally right; indeed, she is likely more right than she knows.  If you are born in Puerto Rico, you are a U.S. citizen.  But the 14th Amendment actually creates dual citizenry in the U.S., something that most people don't realize, and which really has no practical effect.  According to the 14th Amendment, "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."  So I am both a citizen of the U.S. and of Virginia.

Now, the curious part of this is that Puerto Rico isn't a state, it's a territory (or a Commonwealth, according to the Puerto Rican Constitution).  In 1952, the U.S. Congress granted citizenship to all persons born in Puerto Rico after January 13, 1941.  So Puerto Ricans enjoy citizenship by federal law, not by the Constitution.   

In 1901, the U.S. Supreme Court considered the status of the islands taken by the U.S. in the Spanish-American War.  These cases, known collectively as The Insular Cases, point out that the islands are not states, and as such, the residents are not Constitutionally citizens.  They are fascinating reading, if you like these sorts of legal/constitutional questions.

So to answer your question, if you are born in Puerto Rico and live on the mainland, you are a citizen of the U.S. and a citizen of the state where you live.  But if you are born in Puerto Rico and live in Puerto Rico, you are only a citizen of the U.S.  In truth, a curious distinction, but one with no practical difference.

WarnerW wrote:

Suzanne is generally right; indeed, she is likely more right than she knows.  If you are born in Puerto Rico, you are a U.S. citizen.  But the 14th Amendment actually creates dual citizenry in the U.S., something that most people don't realize, and which really has no practical effect.  According to the 14th Amendment, "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."  So I am both a citizen of the U.S. and of Virginia.

Now, the curious part of this is that Puerto Rico isn't a state, it's a territory (or a Commonwealth, according to the Puerto Rican Constitution).  In 1952, the U.S. Congress granted citizenship to all persons born in Puerto Rico after January 13, 1941.  So Puerto Ricans enjoy citizenship by federal law, not by the Constitution.   

In 1901, the U.S. Supreme Court considered the status of the islands taken by the U.S. in the Spanish-American War.  These cases, known collectively as The Insular Cases, point out that the islands are not states, and as such, the residents are not Constitutionally citizens.  They are fascinating reading, if you like these sorts of legal/constitutional questions.

So to answer your question, if you are born in Puerto Rico and live on the mainland, you are a citizen of the U.S. and a citizen of the state where you live.  But if you are born in Puerto Rico and live in Puerto Rico, you are only a citizen of the U.S.  In truth, a curious distinction, but one with no practical difference.

Mostly right Warner, just a nick pick:
Your statement "In 1952, the U.S. Congress granted citizenship to all persons born in Puerto Rico after January 13, 1941", has dates wrong, Citizenship was "AWARDED" not asked for in 1917, The Puerto Rico Constitution was mostly edited by the US and the then governor (most of the language comes from the US) and then later voted by the people in 1952 where the constitution was then ratified by the PR population and the then Governor Luis Muños Marin. The constitution formed the Estado Libre Asociado (ELA) or commonwealth as the US decided to refer to it. The English and Spanish version have some very interesting differences in the language.

I hate when the spell checkers screws up the words.

See this
https://en.wikipedia.org/wiki/Puerto_Rican_citizenship.

Also "Puerto Rican citizenship and Puerto Rican nationality -
Since 2007, the Government of Puerto Rico has been issuing "Certificates of Puerto Rican Citizenship" to anyone born in Puerto Rico or to anyone born outside of Puerto Rico with at least one parent who was born in Puerto Rico. The Spanish Government recognizes Puerto Ricans as a people with Puerto Rican, 'and not American,' citizenship. It also provides Puerto Rican citizens privileges not provided to citizens of several other nations."

Also Extract "On March 2, 1917, the Jones–Shafroth Act was signed, collectively making Puerto Ricans United States citizens without rescinding their Puerto Rican citizenship. In 1922, the U.S. Supreme court in the case of Balzac v. Porto Rico ruled that the full protection and rights of the U.S constitution do not apply to residents of Puerto Rico until they come to reside in the United States proper."

FYI: Puerto Rico, Cuba and the Dominican Republic were granted by Spain during the war and Puerto Rico was invated by the US the day before, Puerto Ricans and Spaniards fought the US during the invasion but they were ill equip and were too few to make a difference. The day after Spain sign off on the transfer. Later Cuba and Dominican Republic were granted their Independence, Puerto Rico was never granted independence, as a mater of fact there was a famous rebelión where the US bombed the town that was reveling and put it down quickly. There were other atrocities and PR lost their will to fight for their freedom after the massacres. Machetes don't do good at a gun fight.

What Rey and I are pointing out here are some of the curious, even be-deviling legal complexities between the U.S. and Puerto Rico.

On March 2, 1917, the Jones Act does "award" citizenship to those born in Puerto Rico.  But, the legal status of the island changes, especially on July 25, 1952, when Puerto Rico adopts its own constitution.  In response, Congress passed the Immigration and Nationality Act of 1952, which makes all persons born in Puerto Rico after January 13, 1941 citizens of the U.S. 

So, Rey is correct that the Jones Act awarded citizenship.  But this was pre-constitution Puerto Rico.  After these changes, the 1952 INA establishes Puerto Rican citizenship.

If you want to know about the history of Puerto Rico's government, I highly recommend Puerto Rico: The Trials of the Oldest Colony in the World by Jose Trias Monge.  Sr. Monge was the Attorney General of Puerto Rico's first popular government, and was Chief Justice of the Supreme Court of Puerto Rico from 1974 to 1985.

Yes very convoluted history, you learn it in PR but not taught in the US. Some say that Puerto Rican were made US citizens because they wanted us to be inducted in the military to help fight the wars (WW1, WW2, Vietnam, others). I was not born yet so who knows.

I can tell you my personal  perspective, look at Cuba and Dominican Republic, both independence where the people had been subjected to dictatorships and poverty. Yes the commonwealth had its issues, but we were and still are 100% better off.
Don't get me wrong, I do not agree with everything we as puertoricans have to go to and the limitations of been a commonwealth, but I rather been raised as a US citizen than live in a dictatorship. Look at most central and South America countries political situations. Heck! As it is, we migrate to the mainland freely and have the opportunities all citizens do. And then, some of us can still come back to the island and enjoy retirement in a beautiful island still protected under the constitution.

With this history in mind, are Anglo citizens of U.S. resented when they move to Puerto Rico? When my husband and I have visited there, we have always felt welcome, but maybe we are simply unaware of emotions under the surface.

Changing the subject slightly but it really is interesting to see the Hawaii flag



It has the Union Jack on it.

Nanraughley wrote:

With this history in mind, are Anglo citizens of U.S. resented when they move to Puerto Rico? When my husband and I have visited there, we have always felt welcome, but maybe we are simply unaware of emotions under the surface.

No resentment, English speaking mainlanders are very welcome in the island. But they do think of you as rich so prices may go up on occasion.

As long as you respect their way of life and treat them well, they will treat you better than you do them. We are proud people and live in an island where others vacation, we are proud of our heritage and our island, so think respect and you will not go wrong.

The longer you live in PR the more you will become part of the town. You maybe called "Los Americanos" (the americans) at first but in a couple of years you will be Don ______ and Doña _________ (husband and wife first names) that means you are part of the community and well accepted. Some towns have a lot of Americans so they will never think of you as Americans. In those towns americans are very common. It is in the towns where they hardly ever see one that you will be considered that way for a while, but well worth it as you will end up with an even closer tie with the town folks.

The more you try your Spanish the more they will appreciate your effort in becoming part of the island. It may be horrible Spanish at first but over the years it will get a lot better if you use it. Do not be afraid of using it, it will get you far with the people as it shows respect for their language no matter how bad it is.

ReyP wrote:

The longer you live in PR the more you will become part of the town.

In general that can be said with most places, there will of cause some that will still not accept you though.

As soon as I can when I get to the island I will apply for my certificate of of Puerto Rican citizenship. You never know if I have to move to Spain later, and that will help grease the wheels, LOL.

Rey; as always, you are correct! I stopped at the lechonares, back in 2009, to get a plate of food. My (then)Puerto Rican g/f got out of the car, and came back with an awesome plate of food.. I said; "wow! How much was all that!" she said it was $11.50, so I decided I was Hungry afterall... I came back with exactly what she had, only my plate cost $13.99

mac00677 wrote:

Rey; as always, you are correct! I stopped at the lechonares, back in 2009, to get a plate of food. My (then)Puerto Rican g/f got out of the car, and came back with an awesome plate of food.. I said; "wow! How much was all that!" she said it was $11.50, so I decided I was Hungry afterall... I came back with exactly what she had, only my plate cost $13.99

I remember our first trip to Mexico, wife and I wentto the ruins and the wife wanted to buy some of the local crafts. I remember when we started talking to the guys selling the stuff our prices were significant less than the English speaking guy behind us. Even one of the guys told us it was less to us since we speak spanish. So this happens everywhere.

I can't believe the stupidity: Puerto Rican citizenship?

SimCityAT wrote:

ReyP wrote:

The longer you live in PR the more you will become part of the town.

In general that can be said with most places, there will of cause some that will still not accept you though.

There are always jerks out there like anywhere in the world.

mac00677 wrote:

I can't believe the stupidity: Puerto Rican citizenship?

Recognized by the US government, Congress and Spain.
Before the US invaded PR, Puerto Ricans held Spaniard and Puerto Rican citizenship, congress accepts it, but other than the certificate it has little value in general unless you want to emigrate to Spain and become a Spaniard citizens.

We were Spaniard citizens so becoming one again is fairly easy, just a little paperwork, the certificate of Puerto Rican citizenship and 2 years living there. Others have a lot more paperwork and have a living requirement of 10 years.

I'm not Puerto Rican. My wife is. Although I've been visiting the island since 1998 and lived there off and on as well, I've never been charged more, whether I was buying something by myself or with my wife. Never happened, thankfully.

I don't consider that risk part of Puerto Rican culture. That doesn't mean you won't get screwed on contracts - you will - but that's not specific to you not being Puerto Rican. A high rate of failure to adhere to contracts is part of Puerto Rican culture, sadly.

ReyP: Do you have any links for getting a Puerto Rican citizenship certificate and the Spanish citizenship process with one? I live in Europe now and it'd be nice if our mother-in-law could visit for more than three months at a time.

You can try this I have not gone thru it so I hope this helps:
http://pr.gov/Attachments/pdf/023%20-%2 … #241;a.pdfhttps://en.wikipedia.org/wiki/Immigration_to_Spain -- Nothing about Puerto Rico, but would probably be similar as from other latin and Caribbean countries.

ReyP wrote:

mac00677 wrote:

I can't believe the stupidity: Puerto Rican citizenship?

Recognized by the US government, Congress and Spain.
Before the US invaded PR, Puerto Ricans held Spaniard and Puerto Rican citizenship, congress accepts it, but other than the certificate it has little value in general unless you want to emigrate to Spain and become a Spaniard citizens.

Hi, ReyP. Are you sure about Puerto Rican citizenship existing before the Spanish-American War? As Puerto Rico was a colony of Spain (in the real sense; not the current US-PR arrangement), I didn't think the concept of Puerto Rican citizenship existed at that time. Am I wrong in that assumption?

Yes shortly before Spain lost the war, Puerto Ricans were given their freedom from Spain and a new arrangement was made with Spain, similar to the ELA. PR was to rule itself

https://en.wikipedia.org/wiki/History_o … overeignty

Excerpt: The struggle for autonomy came close to achieving its goal on November 25, 1897, when the Carta Autonómica (Charter of Autonomy), which conceded political and administrative autonomy to the island, was approved in Spain. In the past 400-plus years, after centuries of colonial rule, Práxedes Mateo Sagasta, the Prime Minister of Spain granted the island an autonomous government on November 25, 1897 in the empire's legislative body in Cádiz, Spain, and trade was opened up with the United States and European colonies. The charter maintained a governor appointed by Spain, who held the power to veto any legislative decision he disagreed with, and a partially elected parliamentary structure.[38][39] That same year, the Partido Autonomista Ortodoxo (Orthodox Autonomist Party), led by José Celso Barbosa and Manuel Fernández Juncos, was founded. On February 9, 1898, the new government officially began. Local legislature set its own budget and taxes. They accepted or rejected commercial treaties concluded by Spain. In February 1898, Governor General Manuel Macías inaugurated the new government of Puerto Rico under the Autonomous Charter which gave town councils complete autonomy in local matters. Subsequently, the governor had no authority to intervene in civil and political matters unless authorized to do so by the Cabinet. General elections were held in March and on July 17, 1898 Puerto Rico's autonomous government began to function, but not for long.

** Shortly after US attacked the island

I just wanted to know for the purpose of starting a business. We might need to already be a citizen in Puerto Rico to get the license.  My partner was born there but lives here. He has to go to Puerto Rico whenever he needs a copy of his birth certificate, because he can not get it in the states. Would he still need to get a certificate of citizenship, if he already has a legal Puerto Rican birth certificate?

Read my reply above

To start a business all you need is an idea, the permits and start up money. No need for citizenship.
You will need birth certificate for a lot of things but mostly as proof of who you are. It does not maters if a US birth certificate or Ouerto Rican one.
That is all you need. Get your birth certificate or a US passport, when you partner gets to the island he can get his. Then you are all set to deal with any legal issues like getting electricity, open bank accounts, buy property,etc.

We are going to open a food truck. We were told that to open one in San Juan you need to be a citizen, but the person was not sure about the other municipalities in Puerto Rico. We don't want to open a food truck in San Juan, but I wanted to know just in case the other towns require it.

I find that hard to believe, as a US Citizens they can not keep you from starting a new business. They were wrong.

My partner called SCORE for advice yesterday. They connected him with someone that works in Puerto Rico, that is who told him this. I don't know why my partner did not ask the guy if the citizenship thing applied to him?   I just want to be prepared for how long it might take to get everything up and running. My partner is going to fly out there next month to pick the spot and get the legal work started. We should have the questions answered during his time out there. Oh, ya and that whole Spain thing is pretty interesting.

I would call again, they are probably saying that you need be a US Citizens in order to have a business. Both of you are US Citizens. All Puerto Rican's are US citizens unles they recinded it which very few has.

While I was in Germany for 2 years with the Army, I had a chance to spend a few days in Spain, I loved it there. However where I was they spoke Spanish and Catalan, I had no issue with the Spanish but could not understand Catalan.
The Cataluñias people want to separate from Spain. That would be a shame, but I do not know enough of the history to have an opinion.

Thank you Rey and everyone else that had a response to my confusing question.

The person meant to say resident and not citizen, meaning you actually have to physically reside in Puerto Rico for a set amount of days to be considered a resident. To start a food truck in San Juan you must be a resident. He was not sure about the other municipalities in Puerto Rico, because they each have their own set of rules.

For tax purposes a resident of Puerto Rico needs to spend at least 6 months and a day (more than 1/2 year) in Puerto Rico to be considered a resident  for the IRS.

I could be wrong but in most states if you have a home/apartment, a driver license and you register to vote you are considered a resident. I do not believe there is a set time period, but I could be wrong.

Have not found anything about how PR considers you a resident but I imagine it will be the same as the states. Likely 30 days, since you are required to change your driver license after 30 days in the island. Some people lie to the cops that they are visiting so they can last longer without changing license.

You are a resident on Day 1 if your move was intended to be permanent. PR makes you jump through an insane list of hoops to set up a business. First, you'll need a Certificate of Incorporation if you want to set up a business bank account or shield yourself from your business's liabilities.  Getting one can take an inordinate amount of time - months, unless you pay an exorbitant fee to fast-track your application. See my earlier posts on how to set up an LLC and bank account in PR.

The PR governments (state & municipal) don't value entrepreneurs. They make doing business there painful and expensive. No wonder the economy has been in a tailspin for 15 years.

Before the Conquistedors, you were Tainos... before the Spanish invasion. Thing is, I never hear any Puerto Rican talk about Spanish invaders, only American invaders. My son's mother said she switched his school from a bilingual school, to Spanish; because she wanted him to know his "native language". I told her I'd be happy to learn Taino with him!

Invasion by the spaniards happened over 500 years ago, none of us where there, but many generations later people adopted the language and culture. History books contain untold stories about the abuse and treatment of the island by the spaniards and how the spaniards treated the slaves, there were several uprisings, none really worked. Shortly before the US took the island, Spain released PR and just requested loyalty to queen and some taxes, other than that the island was to rule itself and that is the background of the Puerto Rican citizenship. We consider Spain our motherland, most of the people there (PR) were Spaniard descendants mixed with the africans and Tainos. Some of us have more Taino indian that others and some have more spaniard while others have more african. The Puerto Rican history books pull no punches on how the island inhabitants were treated by spain.

US invasion was 118 years ago or so, so it is a lot clearer in peoples minds, grandmothers and grandfathers passed the story and accounts to our parents and us when we were young, so it is a little more tender. The Puerto Rican history books also cover some of the early times of the invasion, and the uprisings. So you are dealing with much recent history. Some of that has happen also in my lifetime so it is not just passed from generation to generation.

Many still living remember the racism they encountered when they first moved to the US and the lack of equality here in the island. However the inhabitants of Puerto Rico have nothing agains the US population, we just do not like how the government has treated the island.

Taino, my experience in Puerto rico is about Taino.  The land I have just above Ponce is Taino. My neighbors, who helped establish the Centro Indigena In Ponce, see themselves as Taino. One day my other neighbor was roasting a pig and basting it with a turkey feather. Something about that seems very Taino. The largest sacred site of the Tainos was discovered recently near the Rio Portuguese. This river runs  just below my finca. I have come across what appear to me to be Taino artifacts. I have much respect for Taino culture. I named my Farm "Finca Tainoindie". Naturally I see Puerto Rico as Boriquen . My home in downtown Ponce is Colonial built by Don Bestard. He was  Spanish and a  hacienda owner. My neighbors in town who lived across the street were the two grand daughters of Senior Vives. Vives was the first Mayor of Ponce. I was fortunate enough to meet them before they  passed away recently. While in the dentist office here in The mountains of North Carolina, I was sharing wonderful things about Puerto Rico and  was interrupted by another patient who over heard my sharing. She was very moved by what I was sharing about her Island . She is an Historian and claims the be the great granddaughter of Ponce De Leon's Grandson, the founder of Ponce. Her brother is a big honcho in the Puerto Rican Supreme court. This year she is coming out with a book on the Spanish lineage history in Puerto Rico. A good friend in  Ponce is the granddaughter of Miguel Pou. A well known Puerto Rican artist. They are all Puerto Rican. Now I get the honor of a center stage seat as a non Puerto Rican, second generation European/ American.  I feel like the artist in residence who gets to participate in the unfolding of this Island experience at all levels and experiences. Glimpses into history from Taino, to Spanish, to present.