so I am going to 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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sceaminmonkey
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so I am going to court!

Postby sceaminmonkey » 11 May 2011, 21:08

sent a " positive negative" letter to the consulate today and on it, it says my GGF is who he is. they dont care so I am going to go the court route and I want to make a detailed documentation of it so others can benefit from it. my mother got a suggestion of lawyers from a co worker whos husband is a lawyer and apparently this kind of thing is not that uncommon. I got an additional naturalization certificate and ordered more copies of the positive negative letter with italian apostille on it from user ricbru. I will update whenever I get new information. I have come to far to give up right?

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Re: so I am going to court!

Postby sceaminmonkey » 13 May 2011, 01:54

I got imcontact with a lawyer who is working at a firm where they want to pair us up with an immigration lawyer since they work usics etc. Not sure what to do. I remember reading that pretty much when u get the request for a letter from judge or court that it's bullshit and it's really the end . I'm gona keep trying it seems stupid to give up at this point it's just that it cost 500 just for an hour consultation.

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Re: so I am going to court!

Postby sceaminmonkey » 06 Jun 2011, 03:43

I just got this information from someone on another forum. can anyone confirm they have done this? I am also hearing from my lawyer tomorrow .


Hi,
To answer your original question, you would have to file a request in any New York Supreme Court, which are the civil courts in the state. It doesn't have to be a Supreme Court in NYC...it can be any of the 10 jurisdictions within the state since all Supreme Court judges have authority over any part of the state. You would have to fill out forms and pay a fee for an Index number from the county clerk ($210) and for an RJI (Request for Judicial Intervention) ($95). You can do this all yourself or you can hire an attorney. The forms can be found at http://www.courts.state.ny.us/forms/index.shtml
The only reason I know this is because I recently spoke with a Chief Clerk of one of the Supreme Courts regarding a similar situation where I eventually will have to get a Judge to amend documents, but since speaking with the Clerk, I decided I am instead just going to get the Judge to certify the different names on my certificates are the same individuals.
Good luck and let us know how you make out

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sceaminmonkey
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Re: so I am going to court!

Postby sceaminmonkey » 13 Jun 2011, 22:20

I just spoke to my third lawyer. I dont seem to be getting anywhere. I dont think I am gona get this court order so it seems I am just gona give up the quest for italian citizenship. I found a guy on another forum who got it done but it was slightly different and he told me he lucked out on the judge. I give up. I cant waste more money on lawyers to tell me they dont know.

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Re: so I am going to court!

Postby sforza » 14 Jun 2011, 21:37

Have you attempted to get a letter from wherever you got the naturalization documents stating that the DoB is in error? I'm thinking here of JavaisLife's successful effort in getting NYC municipal archives to write a letter stating that specific items on a vital record were in error. Perhaps this would suffice in lieu of a court order?

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Re: so I am going to court!

Postby sceaminmonkey » 14 Jun 2011, 21:52

Thanks for your post. Yes I tried to go to Nara to get a letter stating that but they told me no :cry: . I also got that same letter thanks to javaislife from mr cobb . Unfortunate for me correcting a naturalization document on a dead person is pretty much impossible. The consulate also told me that the letter from a judge is the only thing theynwould accept from me. I got a similar document from naplesss stating it is the same person but even that was rejected . I found a lawyer on a other forum whonwas successful but even he said he lucked out and it was co plicated and I don't think he is willing to take the case. I just don't wanna give up


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