Italian descent, second generation, Really? I can get a Italian passport? - Page 2

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Italian descent, second generation, Really? I can get a Italian passport? - Page 2


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  #11 (permalink)  
Old 13th November 2015, 09:40 PM
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Originally Posted by Judigiac View Post
Hello - I am a second generation female - my father's parents both came from Sicily and my mother's father from Rome. I tried a long time ago to start the paper work but the Italian Embassy in Boston gave me such a hard time - as my grandparents (Sicillian) entree papers to the U.S. had many mistakes in it. The also said I would have to give up my American Passport! So I quit. BUT now I'm thinking and dreaming about retiring there. Someone mentioned a lawyer - but did not give a name or how they paid them. Please direct me to a safe and reliable lawyer if you can. I know I can not handle the paperwork myself. And can I go to the Italian Embassy in Kuwait, as that is where I live now. THANKS FOR ANY SUGGESTIONS OR HELP!
Depending on how long ago it was it is entirely possible that the Boston Embassy was correct. It used to be the case that you would have to give up your other nationality to take on Italian nationality - or give up your Italian nationality to take on another nationality. Don't know when it changed, but I hang out with a group of Italian ladies here in France who have their own war stories about the rule.

You don't have to take Italian nationality to retire to Italy, but in any event the rules have changed and if you want to pursue the nationality now, you shouldn't have to give up your US passport. Start by inquiring at the Embassy where you now live.
Cheers,
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Old 13th November 2015, 10:54 PM
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Originally Posted by Bevdeforges View Post
It used to be the case that you would have to give up your other nationality to take on Italian nationality....
No, that's never been the case (except for a very few bilateral treaties which never applied to U.S. citizenship).

Whether the other country wants to terminate its citizenship is up to that other country, but Italy has never legally cared whether an individual possessed (and continued to possess) another citizenship when born as or naturalizing as an Italian citizen. Italy has only legally cared (and not always, and not since August 15, 1992) when an Italian acquired a foreign citizenship through naturalization.

It sounds like the consulate in Boston gave bad advice (it happens on occasion to the best of us), or perhaps the generic advice (that the Italian government cannot control what some other government does or doesn't do) was misinterpreted or overinterpreted.

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Don't know when it changed, but I hang out with a group of Italian ladies here in France who have their own war stories about the rule.
And that was a special, narrow exception. France and Italy had (past tense) a treaty that cut down on dual French and Italian citizenship. That bilateral treaty never had relevance to non-French citizenships (and didn't always have relevance to French citizenships).


Last edited by BBCWatcher; 13th November 2015 at 10:59 PM.
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Old 14th November 2015, 07:44 AM
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All I know is the experiences of my Italian friends as they have told me. The point, however, was that things have changed over time and it's certainly worth it all to ask again at the local Italian embassy/consulate. (Certainly before hiring a lawyer!)

Oh yes, and the little detail that you don't actually need to take Italian citizenship before retiring to Italy. (In fact, it may be somewhat easier, or at least more efficient, to look into the claim of Italian nationality once you're "inside.")
Cheers,
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Old 19th January 2016, 12:06 AM
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Hi, I'm pretty sure I have a "1948 Case". My maternal grandmother was born in 1932 in the USA and her mother (my maternal great-grandmother) was born in Italy in 1898 and was Naturalized in 1943. My maternal great-grandfather was also an Italian citizen at some point, but I think (need to double-check) he became a US citizen before my maternal grandmother was born in 1932.

Does anyone have any current info on the 1948 cases? Are they still going through? How long does the process generally cost/take? Has anyone here had any experience with attorneys who deal with cases like these? Any info helps!

-Morbeck

Just to update, I have seen BBCWatcher's post from 2014, I'm just trying to figure out if anything has changed since then (or if there is any additional info that has come to light in the meantime). Thanks!


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Old 19th January 2016, 04:21 PM
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Yes, sounds like a classic 1948 case.

There is an Italian attorney, Luigi Paiano, who has made quite a career of handling these cases. Google his name; he'll be right there near the top of the results.

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Old 19th January 2016, 11:11 PM
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No change since about 2009 when Italian courts started ruling in favor of this class of plaintiffs except that the government no longer even bothers to contest them routinely.

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Old 2nd August 2017, 10:15 PM
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Default Italian Citienzhip

Are you saying that you do not need to use a lawyer and file a law suite, are you saying you can fight the 1948 rules by going to your local italian consulate and presenting all you correct documentation to them, in my case australia ?

Please advise.

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Quote:
Originally Posted by yosheryosh View Post
hi, sorry but absolutely no idea what bbcwatcher is talking about.

I am second generation with almost exactly the same situation as you.

Forget about searching lawsuits etc...

Easy way (what i did): Hire somebody who specifically specializes in this. He acquires all papers for you, you go to your local italian consulate, apply, and in x amount of time you are an italian citizen.

Hard way: Acquire all the papers yourself, go to the local italian consulate, apply, and in x amount of time you are an italian citizen.

It's that easy.

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Old 2nd August 2017, 10:20 PM
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Default 1948 Rule

Are you saying that you do not need to use a lawyer and file a law suite, are you saying you can fight the 1948 rules by going to your local italian consulate and presenting all your correct documentation to them, in my case australia ?

Please advise.

Regards

ozzy1904

Quote:
Originally Posted by yosheryosh View Post
hi, sorry but absolutely no idea what bbcwatcher is talking about.

I am second generation with almost exactly the same situation as you.

Forget about searching lawsuits etc...

Easy way (what i did): Hire somebody who specifically specializes in this. He acquires all papers for you, you go to your local italian consulate, apply, and in x amount of time you are an italian citizen.

Hard way: Acquire all the papers yourself, go to the local italian consulate, apply, and in x amount of time you are an italian citizen.

It's that easy.

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  #19 (permalink)  
Old 3rd August 2017, 06:22 PM
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If you were born prior to 1948 and your direct ancestor is an Italian female, she did not pass Italian citizenship to you so you cannot process this kind of case on your own through a consulate. You would have to hire an Italian lawyer that specializes in this kind of citizenship lawsuit case and hope you win.

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Old 3rd August 2017, 07:05 PM
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Italia-MX is correct. My wife is currently going through the process. Our attorney (Luigi Paiano) petitioned the courts on my wife's behalf and was successful. Her paperwork is with the commune of her grandmothers birth for certification. The key factor is that the ancestor you're going through cannot have been granted citizenship in another country prior to the birth of (in your case; father) before he was born. In other words, if your grandmother was given US citizenship then gave birth to your father he is considered a US citizen.
Best advice, email Luigi Paiano and outline your situation. He's very responsive. Good luck.

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