Federal Court

Over 25 million Italians have emigrated between 1861 and 1960 with a migration boom between 1871 and 1915 when over 13,5 million emigrants left the country for European and overseas destinations.
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Donald66
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Federal Court

Postby Donald66 » 09 Sep 2009, 20:03

Like many of the members of this forum, I am uncovering "name" issues with various ancestors as I work toward dual citizenship.

A co-worker of mine (who happens to be a lawyer) recommended I put all of my documents together and file a motion in our local Federal Court.

I would be laying out all of my ancestors and request the court to confirm that regardless of the various spellings of first and last names, I am the son of X and grandson of Y.

FYI: Both my paternal grandparents and parents names differ from birth certificates, marriage licenses and death certificates!

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VaDeb
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Re: Federal Court

Postby VaDeb » 09 Sep 2009, 20:32

Interesting approach and I will be interested in seeing the opinions of those familiar with applying for dual citizenship.

One problem I see if that US Federal Court can't dictate what the Italian Consulate will accept. If the consulate REQUIRES birth, marriage and death certs it will be difficult to get around this.

Can a US Federal Court order a state to change a vital record? You may be able to take the Federal Ruling and use that to try and amend the State record in lieu of the other state requirements. In the end you will still have to submit to the requirements of the Italian Consulate.

Debbie

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Donald66
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Re: Federal Court

Postby Donald66 » 09 Sep 2009, 22:33

I was planning on submitting all of the required documents to the Consulate along with the Federal Decree/Judgment.

State Courts are bound to honor any orders/decrees issued by a Federal Court.

The purpose of the decree would be similar to the "One in the Same Affidavit" mentioned elsewhere in the forum.

The crux of my problem is that my grandparents and parents have their names spelt slightly differently on ALL of their birth, marriage & death certificates. This includes both 1st and last names.

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corrado
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Re: Federal Court

Postby corrado » 10 Sep 2009, 13:25

I think it would be easier to amend the records. You may or may not have to file a petition in the circut court to do this. In our state if you change the spelling of a last name, it would require a court action. It is the local court, to get the vitial records people to change (interline) the documents. You should not be shy about doing this as I can't see why the court would be a problem. You could also just try the auto certificaton, I posted a few days ago. It worked with the consulate for me on first names. It may work with last names too!

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pjdoitnow
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Re: Federal Court

Postby pjdoitnow » 12 Sep 2009, 02:57

Corrado,

could you clarify or give me more information on the "auto certification" that you mention?

Thank you! Pamela

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corrado
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Re: Federal Court

Postby corrado » 22 Sep 2009, 02:43

DICHIARAZIONE SOSTITUTIVA DI CERTIFICAZIONE
(Art. 46 D.P.R. 28 dicembre 2000, n. 445)

Il sottoscritto Corrado, Jon Alexander

nato a Chicago, Illinois, USA on 1/10/ 1952
residente a 2176 W. Windsor Avenue, Chicago, Illinois 60625 USA

consapevole delle sanzioni penali, nel caso di dichiarazioni non veritiere e falsità negli atti, richiamate
dall’art. 76 D.P.R. 445 del 28/12/2000
DICHIARA

che la persona identificata come Giuseppe Corrado nel certificato di nascita e la persona indicata come Joseph P. Corrado sono la stessa persona

30 Maggio , 2009

Dichiaro, altresì, di essere informato, ai sensi e per gli effetti di cui all'art. 13 del D.Lgs. 196/2003 che
I dati personali raccolti saranno trattati, anche con strumenti informatici, esclusivamente nell'ambito del procedimento per il quale la presente dichiarazione viene resa.


IL DICHIARANTE









This is a legal document in Italy, you can see other posts where it is mendtioned. I used it in August at the Chicago Consulate without any question.


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