1948 Case with Luigi Paiano

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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Barga1948
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Re: 1948 Case with Luigi Paiano

Post by Barga1948 »

I just got the Judge assigned.

We have magistrate Cristiana Ciavattone. Does anyone know anything about her ways? -- I am not finding anything on the web.

Thank you,

Emiro

danfp
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Re: 1948 Case with Luigi Paiano

Post by danfp »

Here is my timeline.
09/06/2017 - ISCRIZIONE RUOLO GENERALE
15/06/2017 - ASSEGNAZIONE A SEZIONE
14/07/2017 - DESIGNAZIONE GIUDICE
20/07/2017 - FISSAZIONE UDIENZA PRIMA COMPAR. / TRATT. (art.183 ai sensi art. 168 bis, c.5)
20/07/2017 - CORREZIONE DATI FASCICOLO
08/08/2017 - RITORNO ATTI DAL PM/PG
02/05/2018 - COSTITUZIONE PARTI
23/05/2018 - RINVIATO PER PRECISAZIONE CONCLUSIONI
09/11/2018 - UDIENZA RINVIATA DI UFFICIO
12/02/2019 - IN DECISIONE CON RINUNCIA TERMINI PER CONCLUSIONALI


In other cases I noted that 1 day after the IN DECISIONE CON RINUNCIA TERMINI PER CONCLUSIONALI, everybody has the update ANNOTAZIONE. Does anybody knows what it means? Why I don't have the ANNOTAZIONE update at my case? What are the meaning of this ANNOTAZIONE phase at the process?

gasmf
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Re: 1948 Case with Luigi Paiano

Post by gasmf »

Hi all!
I started my process with Luigi Paiano a few months back.

We finally received a notification through the GiustiziaCivile app saying that we were appointed a judge (Antonella Di Tullio in case anybody has had previous experience with her)
That was on February 20th and we still have no response regarding a date for our first hearing. Does anybody know how long does it take to obtain the first court date after the appointment of a judge to our case?
Thanks in advance!

bspaggs
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Re: 1948 Case with Luigi Paiano

Post by bspaggs »

For those of you above who just had your judge assigned, this google doc will be immensely helpful. There is a Brazilian Facebook group dedicated to the 1948 process and thanks to google translate I have obtained quite a bit of information regarding the process! One member of the group created a program that resulted in this google doc. It has all the information on all the processes since 2015 by date, judge, hearing date, and sentence. You can order the judge names alphabetically to see how your judge is behaving. The good news is that Both Ciavattone and Di Tullio are giving unanimously positive sentences (Accolto). The bad news is that the latest assignments of hearings, for those who entered the process in October 2018, are for March 2021. So it will be a waiting game.

Here's a link to the document:
https://docs.google.com/spreadsheets/d/ ... sp=sharing

Barga1948
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Re: 1948 Case with Luigi Paiano

Post by Barga1948 »

bspaggs wrote:
22 Mar 2019, 20:26
For those of you above who just had your judge assigned, this google doc will be immensely helpful. There is a Brazilian Facebook group dedicated to the 1948 process and thanks to google translate I have obtained quite a bit of information regarding the process! One member of the group created a program that resulted in this google doc. It has all the information on all the processes since 2015 by date, judge, hearing date, and sentence. You can order the judge names alphabetically to see how your judge is behaving. The good news is that Both Ciavattone and Di Tullio are giving unanimously positive sentences (Accolto). The bad news is that the latest assignments of hearings, for those who entered the process in October 2018, are for March 2021. So it will be a waiting game.

Here's a link to the document:
https://docs.google.com/spreadsheets/d/ ... sp=sharing

Thank you bspaggs, realy good info.

Barga1948
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Re: 1948 Case with Luigi Paiano

Post by Barga1948 »

Hi all,
My attorney Luigi Paiano contacted me indicating we have been give January 17th 2020 as hearing date. :D

Here Is my timeline/ ENTRIES:

November 07/2018 - ISCRIZIONE RUOLO GENERALE
November 12/2018 - ASSEGNAZIONE A SEZIONE
February 27/2019 - DESIGNAZIONE GIUDICE
March 27/2019 - FISSAZIONE UDIENZA PRIMA COMPAR. / TRATT. (art.183 ai sensi art. 168 bis, c.5)
March 29/2019 - SOSTITUZIONE GIUDICE PER L'UDIENZA
March 29/2019 - ANNOTAZIONE.

Ciao!

EddyB
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Re: 1948 Case with Luigi Paiano

Post by EddyB »

A question for those who have gone through a 1948 case based on an ancestor never having naturalized in the U.S. (or others who have insight): What proof of non-naturalization satisfied the court?

I have a "certificate of non-naturalization" from the USCIS for my ancestor, but I have read that consulates, for their part, often ask for a NARA search and possibly a search in a local court, so I am curious if the court has asked for similar additional evidence beyond the USCIS record.

Thanks in advance.

gui1948
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Re: 1948 Case with Luigi Paiano

Post by gui1948 »

My family's suit was filed in April 2018, and we just received a positive decision a couple days ago. Judge was Antonella di Tullio, replaced from another female judge (no change on the hearing date though, which I thought was interesting). Anyone know whether there are any cons to giving notification to shorten the wait period? Thanks!

Barga1948
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Re: 1948 Case with Luigi Paiano

Post by Barga1948 »

EddyB

I submitted them all. USCIS, NARA and County Clerk notices/letters indicating that no records were found. I did this pre-emptily because I decided not to leave room to possible delays, the last thing I want is to have a second hearing and that in the interim my magistrate gets reassigned. Time is money remember?

My 2 cents!

Best of luck

Barga1948
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Re: 1948 Case with Luigi Paiano

Post by Barga1948 »

Hi all,

My attorney Luigi Paiano contacted me again indicating we have been give 02/21/ 2020 as hearing date for our second case. - :D

So far so good, crossing fingers that things remain steady.

Saludos

michaels3d
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Re: 1948 Case with Luigi Paiano

Post by michaels3d »

Hello,

I've been reading this forum for a while, and finally started my case with Luigi a few weeks ago. After introducing my case to the courts Luigi sent me a case number. I tried checking the status of my case on the Giustizia Civile mobile app (I know the website is not working), but after entering the number, and other info, I get an error stating "Fascicolo non trovato!" ("File not found"). I thought maybe it'd just take a little while to get in the system, but it's been almost 4 weeks now. Has anyone else had this problem?

Thanks for your help!

Barga1948
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Re: 1948 Case with Luigi Paiano

Post by Barga1948 »

michaels3d,

Yes, the App works on Italian terms (sometimes does, sometimes doesn't :) ). I have found that it goes down during the last 4 days or so of the month and then comes back up with new data the first week of the following month.

Just make sure you are under the correct linkage:
* Regione = Lazio
* Tribunale Ordinario di Roma
* Contenzioso Civile
*Ruolo Generale _________ make sure to check 2019 as well

Saludos!

michaels3d
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Re: 1948 Case with Luigi Paiano

Post by michaels3d »

Barga1948 wrote:
12 Jul 2019, 17:05
Just make sure you are under the correct linkage:
* Regione = Lazio
* Tribunale Ordinario di Roma
* Contenzioso Civile
*Ruolo Generale _________ make sure to check 2019 as well

Thanks so much, I finally got it! I was using "Bologna" as the region, I didn't realize it'd be Roma.

scoziaitaliano
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Re: 1948 Case with Luigi Paiano

Post by scoziaitaliano »

scoziaitaliano wrote:
22 Feb 2019, 15:21
Dear All

I am pleased to advise that my journey is now at an end and afternoon I collected my Italian passport from my consulate. Many thanks to all who have provided guidance or words of support throughout the course of this process which, while frustrating at times has now taken me to where I wished to be! Happy to answer any queries I can on any of the undernoted.

My timeline was as follows:
    19 September 2016 - All papers couriered to my lawyer in Italy
      October 2016: Power of attorney requires to be re-executed and apostilled due to not featuring my middle name
        7 November 2016 - Papers lodged at the Tribunale di Civile in Rome
          15 December 2016 - Judge Vincenzo Vitalone assigned to my case
            28 February 2017 - First Hearing, at which a Second Hearing is assigned for 28 November 2017
              30 November 2017 - Following Second Hearing case listed as "In Decisione" and court's determination awaited
                February 2018 - Court determines that a Third Hearing is required and schedules this for June: this is on the basis my grandfather (who naturalised in the UK in 1923, prior to my father's birth in 1942, hence the need for a 1948 application through my grandmother's lineage) has a relatively common Italian name, the judge wishes to be satisfied that my grandfather (and not any other individual by the same name) did naturalise in the UK and that I cannot simply apply to the consulate for a passport. I thereafter obtain an apostilled copy of my grandfather's naturalisation certificate and this is thereafter lodged in May 2018
                  28 June 2018 - Third Hearing takes place
                    7 August 2018 - Decision published in terms of which the court awards citizenship to me
                    Start of September - Decision formally intimated to the Italian Government, reducing the 6 month appellate period to one month
                      Start of October 2018 - Appellate period expires
                        Sometime between October and December - Decision formally intimated to my comune
                          14 December 2018 - Italian birth record recorded at my local comune
                            18 December 2018 - Italian birth record received by me from my lawyer
                              18 December 2018 - Registration as an Italian citzen at my local consulate made by me online as well as submitting my AIRE application; due to the "unusual situation" extra checks are made with the Italian authorities and I am asked to deposit a hard copy of the passport information page from my UK passport with the consulate.
                                14 January 2019 - My local consulate indicates I am registered with them and my AIRE application has been submitted to my local commune;
                                  15 January 2019 - On the premise that passport appointments are available for early February, I book an appointment through the online prenota service for 1 February and assume that my AIRE registration will have been processed by that time.
                                    1 February 2019 - While positive recognition of the AIRE registration has been received by me from my comune, I attend the passport appointment, provide fingerprints and pay the £103.10 GBP fee. I am advised that a Nulla Osta will require to be obtained from the Questura - and the passport should be issued within 1-2 weeks.
                                      22 February 2019 - E-mail received from my local consulate indicating passport available for collection between Monday - Thursday, 14:30 - 16:30. I take my chances and turn up at the consulate about 15 minutes later and receive my passport on the spot!


                                      Total time from papers being sent to Italy and passport being in hand: Two years, five months and three days!
                                      Just to follow up on this I received an e-mail from the Consulate this afternoon advising my identity card is available for collection. That took 11.5 weeks (albeit I understand the Consulate only submitted my application to my commune on 29 June, so it was turned around (and the Nulla Osta obtained) fairly rapidly once it started). The Consulate was able to turn around my Code Fiscale in about a week in paper format and about six weeks later I received he plastic card detailing this.

                                      let_it_whip
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                                      Re: 1948 Case with Luigi Paiano

                                      Post by let_it_whip »

                                      Hey everyone,

                                      I am thinking about starting a case shortly with Mr. Paiano.
                                      I just wanted to get everyone approximate cost on the total from start to finish including all the taxes and govt. fees if you care to share!
                                      I have received the cost from Luigi but was just interested how this compares to the totality of it all!

                                      Thanks,
                                      Matt

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