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New Italian Law March 2009

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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Re: New Italian Law March 2009

Postby ItalianFood » 23 Mar 2009, 04:57

the sticky part here is that we are not positive that your grandmother can pass italian citizenship to her daughter (your mom) ....i am in the same exact boat.

we know that your GM is now an italian citizen again but what about your GM's decendants? (your mom)
this is the million dollar question.
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Re: New Italian Law March 2009

Postby idmaclean » 23 Mar 2009, 05:02

I don't understand.

I was under the assumption that I was eligible BEFORE this law was brought to my attention.

here is my deal:

great grandfather b 1864 Italy. immigrated to US, never naturalized
grandmother b. 1908 US, married US citizen 1935
mother b. 1948
me b. 1975

none of us has ever renounced.

I was unaware that marrying a US citizen renounced your Italian citizenship. never saw that scenario yet. and believe me I checked and double checked before I started down the citizenship path.
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Re: New Italian Law March 2009

Postby ItalianFood » 23 Mar 2009, 05:09

i am no expert but my understanding is that an italian woman who married an alien,or a non italian citizen,prior to 1948 has lost her italian citizenship.this new law reinstates her italian citizenship.
your GM lost her italian citizenship in 1935 when she married an american.

anyone else can chime in here....i am pretty sure thats right.
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Re: New Italian Law March 2009

Postby idmaclean » 23 Mar 2009, 05:16

thanks for your reply.
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Re: New Italian Law March 2009

Postby ItalianFood » 23 Mar 2009, 05:21

to idmaclean

now that your GM is an italian citizen again,you qualify (with or without deciphering the new rules regarding transfer to decendants) because your mom was born AFTER the 1948 rule anyway.

you are in like flint.....

my mom was born before 1948......so......i dont know yet.
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Re: New Italian Law March 2009

Postby idmaclean » 23 Mar 2009, 05:30

that's great!

I thought is was A OK before this was brought to my attention.

good thing b/c i have already spent roughly $ 400 gathering documents and another $ 300 bringing a case against NJ state archives, to have my Grandmother's birth certificate made.

it would have been devastating to have done all the work to only be denied at the consulate.

i won't believe it until i have the passport in my hands
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Re: New Italian Law March 2009

Postby JamesBianco » 23 Mar 2009, 14:29

mler wrote:I'm sorry, but I think you are misreading this law. It states that an Italian woman who lost citizenship before 1948 by virtue of marriage to a foreigner now has that citizenship restored.

So, for example, if a woman married a foreign national in 1940, she lost her citizenship, and future children could not obtain citizenship from her line. This has now changed. Since she is now deemed a citizen, she can transfer her citizenship. It does NOT, however, state anywhere in this ruling that she can transfer her now regained citizenship to a child born before 1948.

I see nothing here that would lead one to believe that the 1948 ruling has been rescinded.


This is correct, nothing has been passed rescinding the law which prohibits a woman from passing citizenship to her children born BEFORE Jan 1, 1948.

This new legislation would only benefit those who were born after Jan 1, 1948 and whose mother had previously lost her citzenship through her marriage to a non-Italian citizen. Basically if the woman never independantly took an oath of allegiance to another country, she never lost her citzenship regardless as to whom she married.

It's a small gain in my opinion, but at least some people will benefit.
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Re: New Italian Law March 2009

Postby idmaclean » 23 Mar 2009, 14:33

"Basically if the woman never independantly took an oath of allegiance to another country, she never lost her citzenship regardless as to whom she married."

That's what I originally thought.

so my situation remains unchanged. which is perfectly fine.
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Re: New Italian Law March 2009

Postby mler » 23 Mar 2009, 14:34

Bill, on the expats forum, has since pointed out that even this minimal change has not yet become law. It's still in the talking stage.

Idmaclean, you are not affected by this because your grandmother was born in the U.S. You are eligible through her line because your mom was born after January 1, 1948.
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Re: New Italian Law March 2009

Postby idmaclean » 23 Mar 2009, 14:36

thank you for the informative replies.

my appointment is last week of november 09. I will keep everyone posted
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Re: New Italian Law March 2009

Postby mler » 23 Mar 2009, 14:37

Best of luck. You should have no problem.
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Re: New Italian Law March 2009

Postby JamesBianco » 23 Mar 2009, 14:38

idmaclean wrote:I don't understand.

I was under the assumption that I was eligible BEFORE this law was brought to my attention.

here is my deal:

great grandfather b 1864 Italy. immigrated to US, never naturalized
grandmother b. 1908 US, married US citizen 1935
mother b. 1948
me b. 1975



This new legislation would definitely benefit you. Since your grandmother did not independently renounce her Italian citizenship, you can now qualify. You would not have qualified before this new legislation.

Congrats!
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Re: New Italian Law March 2009

Postby idmaclean » 23 Mar 2009, 14:43

has the legislation been signed into law?
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Re: New Italian Law March 2009

Postby JamesBianco » 23 Mar 2009, 14:45

mler wrote:
Idmaclean, you are not affected by this because your grandmother was born in the U.S. You are eligible through her line because your mom was born after January 1, 1948.


Mler you failed to notice this:

grandmother b. 1908 US, married US citizen 1935
mother born 1948

The grandmother would have lost her citizenship because she married a US Citizen before 1948. Her child was born after Jan 1, 1948 yes, but she was no longer able to pass citizenship on.

Now she (the poster) is all set, this legislation opens the door for her.

Provided (as you point out) it does pass.
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Re: New Italian Law March 2009

Postby idmaclean » 23 Mar 2009, 14:53

she is a he. and thanks for the replies!!

i never realized that my grandmother had lost her italian citizenship b/c she married a Italian born, US naturalized citizen. Not that it makes much of a difference that my grandfather was born in Italy. He renounced his citizenship. I guess being a single man in the new country, it was not fashionable to be an alien. My great grandfather on the other hand didn't care, to put it mildy.
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