1948 RULE

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.
KARINNORTH
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1948 RULE

Postby KARINNORTH » 08 Aug 2014, 15:08

I am a result of the 1948 Rule. My Mother was born in 1915 and could not have Italian citizenship passed on to her by her Italian native-born Mother.

How easy is it to get Citizenship on the basis that this rule was discriminatory?

Thanks in advance.

jennabet
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Re: 1948 RULE

Postby jennabet » 08 Aug 2014, 16:49

Karin, although I can't elaborate because my own case and that of my companion's did not involve the 1948 rule, from what I understand, everyone that has challenged the rule in an Italian court has won and been recognized as an Italian citizen.

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mler
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Re: 1948 RULE

Postby mler » 08 Aug 2014, 23:38

Jennabet is correct. In fact one attorney claims a 100 percent success rate, and you can do this without leaving the country. It will, though, be more costly than the standard jure sanguinis application.

Several posters have documented their experiences on this site, and there is a lengthy thread on the process in the jure sanguinis forum at www.italiancitizenship.freeforums.org

Good luck.

AdrianBattaglia27
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Re: 1948 RULE

Postby AdrianBattaglia27 » 09 Aug 2014, 02:15

I concur with the subsequent posts -- my father and I ran afoul of the 1948 rule three years ago and I hired Avv. Luigi Paiano of Bologna to file a lawsuit against the Italian ministry of the interior -- we won last April and I am getting my passport this September from the NY Consulate. Such a lawsuit does require thousands of dollars more than the traditional JS application via a consulate, but, the upside is that the justices in Rome don't quibble over little spelling changes and other small errors in the various American documents the way the consulates seem to do. Also, you can add your children, cousins, and for marriages pre-1983, spouses -- you can go to Paiano's website for more information and email him for exact costs, etc. Apparently, the cases are taking less time now than mine did, but, as with any kind of lawsuit, there are no guarantees, but, it seems Paiano has won ALL such cases filed so far.

Adrian

KARINNORTH
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Re: 1948 RULE

Postby KARINNORTH » 10 Aug 2014, 06:48

Thanks to you all. I shall definitely pursue this route.

Dallendria
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Re: 1948 RULE

Postby Dallendria » 02 Oct 2014, 14:23

KARINNORTH wrote:Thanks to you all. I shall definitely pursue this route.


Hi Karinnorth, everyone has offered great advice. I hope everything is now going smoothly as you're well on your way to dual citizenship!

To follow up what others have said, you can definitely have the 1948 rule overturned on the basis that it is gender discrimination. Just ensure you have all your proper paperwork in place, or work with a lawyer to make sure you have everything you need. I recently interviewed a lawyer who is now specialising in these types of cases, if you'd like to learn more. You can read about it here: http://kassandraperlongo.wordpress.com/ ... a0b43ca905

If you have any questions, feel free to drop me an email at Kassandra.Perlongo@gmail.com. Good luck with everything! :)

Cheers,

KAssie


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