Dual Citizenship and the 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.
Pyroni
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Dual Citizenship and the 1948 Rule

Postby Pyroni » 14 Apr 2016, 15:09

Hi,

I'm Tom from Scranton, PA, USA. My mom was born in 1939 from an Italian-born father (who naturalized as a US citizen in 1927) and an Italian-born mother, who remained an "alien" her entire life. Since my mom is considered born of an American father, and her mother couldn't pass citizenship on to her because she was born before 1948, it looks like my only hope is to challenge the 1948 rule with one of the Italian lawyers (Luigi or Giovanni).

    The documentation I have so far are:
    My own legal birth certificate.
    My mom's legal birth certificate (my grandmother's first and last names are misspelled. They listed her as "Mary" instead of "Maria". And took the "a" off her last name and added it to the end of her maiden name).
    My mom's marriage certificate.
    A "no records" USCIS application is being processed for my mom's mother (she shows as an "alien" in the 1940 census, and my mom was age 1 at the time).
    A request for my mom's father's naturalization certificate.

I am told I will also need my mom's mother's birth and marriage certificates. I don't know how to get them, as they'd be somewhere in Nocera Umbra, Perugia. Can anyone perhaps guide me in how to obtain my grandmother and grandfather's records from Nocera Umbra? I've actually been to Nocera Umbra last year, but it was before I knew I could still qualify for a dual citizenship, so I never thought about trying to get those records.

Also, can my wife and son be added to this if I start it now? (My son will be 18 in December.) And what can I expect to pay in total costs???

Any other advise would be greatly appreciated! I'm hoping I can pull this off!

Thanks!
-Tom in Scranton, PA USA

manu
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Re: Dual Citizenship and the 1948 Rule

Postby manu » 15 Apr 2016, 01:15

Concentrate on your grandmother. Small misspellings should not be of consequence to the courts, as they weren't in my case. Your mother's marriage certificate is ok but not necessary. You would in fact need both of those documents you mention from your grandmother. There are a number of people who can actually get those for you from Italy. One Giovanni Montanti (search for him on FB) could be of help, and I believe Luigi Paiano does have someone to search for those records as well.

Your son can be added, provided all records. Your wife, I'd wait until you get your citizenship so she can get hers through the consulate (jure matrimoni). Can't give you costs since they vary from lawyer to lawyer and case to case.

It's definitely doable. Hang in there!

Cheers,

Manu.

Pyroni
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Re: Dual Citizenship and the 1948 Rule

Postby Pyroni » 15 Apr 2016, 17:34

Thanks so much, Manu!!! I wish it wasn't so much $$$ to do this. But it looks like Italy is in no hurry to amend their discriminatory and unconstitutional laws :(

-Tom in Scranton, PA USA

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liviomoreno
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Re: Dual Citizenship and the 1948 Rule

Postby liviomoreno » 15 Apr 2016, 18:27

Pyroni wrote:... But it looks like Italy is in no hurry to amend their discriminatory and unconstitutional laws :(

-Tom in Scranton, PA USA


discriminatory and unconstitutional? What do you mean? Which constitution, Italian or US?

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Re: Dual Citizenship and the 1948 Rule

Postby manu » 15 Apr 2016, 21:35

Pyroni wrote:Thanks so much, Manu!!! I wish it wasn't so much $$$ to do this. But it looks like Italy is in no hurry to amend their discriminatory and unconstitutional laws :(

-Tom in Scranton, PA USA

It's not that expensive depending on the lawyer, tbh. The main reason Italy seems not to be really interested in directly amending the constitution to modify the law is the overflood of 1948 cases that it would bring, increasing social expenditures to a large extent. Most 1948 sentenzi actually specify that the citizenship must be acquired through via giudiziaria by interpreting a principle from the Corte de Cassazione, stating the unconstitutionality of the law proven in the case cannot be applied retroactively.

You can always try to do it by yourself in court, as I've read in a facebook group someone has tried, using the same principles, and see what comes out of it. You'd only have to pay for taxes in this case I presume, and need a sentenza you can base your arguments upon.

Pyroni
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Re: Dual Citizenship and the 1948 Rule

Postby Pyroni » 18 Apr 2016, 15:06

Thanks, Manu. I think I understand!


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