I hope someone can answer this!

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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I hope someone can answer this!

Postby ital1 » 12 Sep 2010, 13:20

My mum was an italian citizen at the time of my birth and she still is (she has never naturalised, she is just a permanent resident still) In my country of birth citizenship is automatically acquired by birth - I know I got italian citizenship from my mum automatically at birth too so I am dual citizen but my mum and my dad (who were married at the time of my birth) got divorced when i was about 9 years old and the courts gave my dad custody of me till age 18 (my dad is not italian). When my parents divorced and my dad got custody of me did I lose my Italian citizenship? My birth has still not been registered with italian consulate this is the same with my mum's marriage and divorce as it all happen here and not in Italy.... When I submit my papers will the divorce affect my citizenship? and will they have to consider the fact my dad had custody after my parents divorced. I am still an Italian citizen? And did the divorce and custody situation affect my citizenship?

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Re: I hope someone can answer this!

Postby suanj » 12 Sep 2010, 13:59

ital1 wrote:My mum was an italian citizen at the time of my birth and she still is (she has never naturalised, she is just a permanent resident still) In my country of birth citizenship is automatically acquired by birth - I know I got italian citizenship from my mum automatically at birth too so I am dual citizen but my mum and my dad (who were married at the time of my birth) got divorced when i was about 9 years old and the courts gave my dad custody of me till age 18 (my dad is not italian). When my parents divorced and my dad got custody of me did I lose my Italian citizenship? My birth has still not been registered with italian consulate this is the same with my mum's marriage and divorce as it all happen here and not in Italy.... When I submit my papers will the divorce affect my citizenship? and will they have to consider the fact my dad had custody after my parents divorced. I am still an Italian citizen? And did the divorce and custody situation affect my citizenship?

if you are born after the 1 jan 1948 you have the italian citizenship by your mother( obviously you must request it); the divorce, the custody are no important for dual citizenship; the fact that your birth is no registered in Italian Consulate is no important also;
it are important 2 things for obtain the italian citizenship by normal procedure(Italian consulate of your residence country):

1. your mother married after the 1 jan 1948 and never renounced to italian citizenship at your birth time
2. you are born after 1 jan 1948


PS: also if your mother married before of 1 jan 1948:
if she married before of 1 jan 1948 with a foreign citizen, the italian woman lost the italian citizenship, but by italian court sentence "Sezioni Unite della Corte di Cassazione n. 4466 del 25 febbraio 2009" and if you are born AFTER 1 jan 1948, the italian citizenship can be recognized, but only by court sentence; so no by the normal dual citizenship procedure

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Re: I hope someone can answer this!

Postby ital1 » 12 Sep 2010, 14:04

Ok I was born 1988 and my mum married in 1983 - so am I an italian dual citizen, and the divorce and custody didn't affect it??

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Re: I hope someone can answer this!

Postby suanj » 12 Sep 2010, 14:08

YES!
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Re: I hope someone can answer this!

Postby suanj » 12 Sep 2010, 14:10

better: you are a US citizen of italian origin by mother; please to contact the Italian Consulate and to ask all steps necessary for the recognizement of italian citizenship ...
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Re: I hope someone can answer this!

Postby ital1 » 12 Sep 2010, 14:24

But I still definitely am an Italian citizen? and nothing my divorce or custody issues took that away?

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Re: I hope someone can answer this!

Postby ital1 » 12 Sep 2010, 14:27

**my parent's divorce

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Re: I hope someone can answer this!

Postby suanj » 12 Sep 2010, 15:31

yes, yes, you are italian citizenship by mother line, but you must contact the Italian Consulate, so they can advice you as to make for your registration birth also in Italy etc... etc...
so the dual citizenship will be effective ... with all documents.... because you are born from a italian woman, in 1988, yes you are italian citizen by mother, but the italian government know not that... so you must contact the Italian Consulate abt that...
that your parents are divorced is no important: you are born from a italian woman, italian citizen at your birth time; she never renounced and so if he divorced or remarried, it is no important; what is important is: that your mother is italian.
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Re: I hope someone can answer this!

Postby mler » 12 Sep 2010, 19:33

Since your mother was Italian when you were born and is still Italian, she may still be able to register you now, which would give you citizenship recognition immediately.

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Re: I hope someone can answer this!

Postby suanj » 13 Sep 2010, 04:36

the tardive birth registration, in Italy, it is no easy... for that he need of Italian Consulate...
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