Obtaining citizenship

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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Obtaining citizenship

Postby enrico19 » 13 Mar 2014, 22:03

Hello Everyone,

I am requesting some help and/or information for a friend of mine who is trying to get his Italian citizenship. Here is his scenario

He is eligible to get his citizenship but the road block is his grandfather(alive and still an Italian citizen but living in the U.S. for 40 years,and never naturalized). He has a green card.

The problem for my friend is that he doesn't have a great relationship with his grandfather and the grandfather refuses to give him the information of his green card etc. so that he can use it for his paperwork. The Italian consulate told him that they need a copy of the green card for him to be able to proceed with the recognition of his own citizenship.

My friend was also told that since his grandfather is still living that he would need his permission to obtain any records pertaining to his grandfather(which he refuses). Is there any way that my friend can still obtain citizenship using said grandfather without his permission or acknowledgement ?

Also I am a dual citizen and was thinking maybe we could do an adult adoption and he could get it through me. Is this even possible or way out there in terms of possibility. Any information, advice or suggestions are appreciated.
Thank you
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Re: Obtaining citizenship

Postby mler » 13 Mar 2014, 22:19

Unfortunately, there is very little he can do to circumvent his granddad (and no, an adoption won't work). He, of course, does not need his grandfather's permission, but he does need his birth certificate and other documentation that only his granddad can provide.

Short of holding the application until his grandfather's death, is there any other citizenship line he can use?
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Re: Obtaining citizenship

Postby enrico19 » 13 Mar 2014, 22:27

Thank you mler. That's what thought but we thought he might have had a chance of going around it. Unfortunately the other lines have either naturalized prior to birth of children or the 1948 rule came into play pertaining to one of his grandmothers.

There is one grandmother, the ex-wife of said grandfather, but so far has been uncooperative. There seems to be some bad blood on that side of the family. She was born in the U.S. but are parents came from Sicily but she will not give any information about them and as stated before, because she is alive, he cannot request any of her records. He is still trying to convince them to help him but we don't know if that will happen. It's unfortunate because it he is eligible except for the stubborness of his family.
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Re: Obtaining citizenship

Postby mler » 13 Mar 2014, 23:10

If it's a 1948 issue, that is now easy to circumvent. Lawsuits challenging this rule have been very successful and not exceedingly costly. Check the jure sanguinis thread at http://www.italiancitizenship.freeforums.org There is a thread in that forum totally dedicated to 1948 court challenges.

It's unfortunate that your friend may be forced to go this route when there is a more direct option, but if this is something he really wants, it can be done.
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