Search found 19 matches

by Rruffolo
03 Jul 2023, 16:22
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: Appeal period after winning 1948 case and the wait time to obtain the courts decree
Replies: 1
Views: 489

Appeal period after winning 1948 case and the wait time to obtain the courts decree

I won my 1948 court case 7 months ago but my attorney has not yet obtained the official copy of the court decree. It seems I read that the appeal period is 6 months and other times I have read the appeal period is 60 days. Does anyone know how long the actual appeal period is and does anyone know ho...
by Rruffolo
10 Jan 2023, 21:02
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: Children born in U.S before father's naturalization
Replies: 25
Views: 12199

Re: Children born in U.S before father's naturalization

The power of attorney was signed by both my wife and me. Luigi Paiano said he had never heard of a judge make such a requirement; So I doubt you will have any problems if you have both parents sign the PoA. There is a way to certify a PoA with the state department that you could get in the meantime,...
by Rruffolo
03 Dec 2022, 15:39
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: Children born in U.S before father's naturalization
Replies: 25
Views: 12199

Re: Children born in U.S before father's naturalization

Thank you, but no. The judge was requiring a U.S court order allowing her to participate in the case instead of the normal parental power of attorney. Unfortunately there is no way to obtain such an order in the U.S legal system. I provided letters from 2 U.S attorneys stating such. My daughter turn...
by Rruffolo
02 Dec 2022, 18:54
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: Children born in U.S before father's naturalization
Replies: 25
Views: 12199

Re: Children born in U.S before father's naturalization

I just got word that I won my appeal even though my ancestor naturalized after the birth of U.S. born children. The appellate judge was Lalia Papoff.
by Rruffolo
30 Sep 2022, 07:13
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: Children born in U.S before father's naturalization
Replies: 25
Views: 12199

Re: Children born in U.S before father's naturalization

Thank you Mler
You always have the answers.

I will just have to hope that Mr. Paiano will be able to persuade the Italian appellate judge not to require the Judicial decree from the U.S. judge.
by Rruffolo
29 Sep 2022, 07:18
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: Children born in U.S before father's naturalization
Replies: 25
Views: 12199

Re: Children born in U.S before father's naturalization

My denied case was finally heard in the appeals court. Unfortunately the judge felt that my minor daughter must have a Judicial decree from a U.S judge allowing her to participate in the citizenship case. Luigi Paiano, my lawyer, has never heard of a judge requiring such a decree. I have until Novem...
by Rruffolo
11 Mar 2022, 05:15
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: Children born in U.S before father's naturalization
Replies: 25
Views: 12199

Re: Children born in U.S before father's naturalization

I'm assuming you are born after 1948. If you are not in a rush you could try going through your GM with the consulates. (Assuming that your mother has an italian birth certificate and that nothing on it designates her as american). You would need to get a letter from USCIS stating that there is no r...
by Rruffolo
06 Mar 2022, 08:49
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: Weird question about grandfathers derivative (American) citizenship and what it does to my mother's
Replies: 20
Views: 2270

Re: Weird question about grandfathers derivative (American) citizenship and what it does to my mother's

You still might be able to use your GM's line. If your mother was a U.S citizen already than your GM's naturalization did not apply to your mother (Your mom was already a U.S citizen therfore your GM's naturalization did not "naturalize" your mother). You should consult an attorney. As of ...
by Rruffolo
06 Mar 2022, 00:40
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: Weird question about grandfathers derivative (American) citizenship and what it does to my mother's
Replies: 20
Views: 2270

Re: Weird question about grandfathers derivative (American) citizenship and what it does to my mother's

Assuming the Italian commune has your mothers birth information and that they recognized her italian citizenship at birth you might be able to ignore your GFs certificate of citizenship. Focus on proving that (1) your GF never naturalized after arriving in the U S. in 1936 and (2) your mother never ...
by Rruffolo
28 Feb 2022, 23:06
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: Weird question about grandfathers derivative (American) citizenship and what it does to my mother's
Replies: 20
Views: 2270

Re: Weird question about grandfathers derivative (American) citizenship and what it does to my mother's

I think your GF must have claimed derivative citizenship through his father.If you are trying to solve the mystery of the Certificate of Citizenship, look for documentation on Vinchenzo being in the U.S after your GF was born. Look at siblings or other family members that may have moved to the US wi...
by Rruffolo
28 Feb 2022, 22:58
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: Weird question about grandfathers derivative (American) citizenship and what it does to my mother's
Replies: 20
Views: 2270

Re: Weird question about grandfathers derivative (American) citizenship and what it does to my mother's

I found this article on familysearch. I quot the pertinent info below. United States Naturalization and Citizenship • FamilySearch https://www.familysearch.org/en/wiki/United_States_Naturalization_and_Citizenship Under the Act of March 2, 1929, individuals who derived citizenship through a parent's ...
by Rruffolo
13 Feb 2022, 03:03
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: I can’t find my dad’s marriage certificate to his first wife - am I out of luck?
Replies: 15
Views: 1867

Re: I can’t find my dad’s marriage certificate to his first wife - am I out of luck?

You might be able to get away without it. Let your attorney who is doing your 1948 case that you can not find it. It seems that when you go through the courts you don't have to worry as much about death and marriage certificates as you do when you go through the consulate.

Best of luck
by Rruffolo
13 Feb 2022, 02:55
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: I can’t find my dad’s marriage certificate to his first wife - am I out of luck?
Replies: 15
Views: 1867

Re: I can’t find my dad’s marriage certificate to his first wife - am I out of luck?

You might be able to get away without it, you may need to consult with an attorney. It seems that going through the courts you don't have to worry as much about death a d marriage certificates as you do when you go through the consulate.

I would also try familysearch.org to look for the certificate
by Rruffolo
10 Feb 2022, 21:32
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: Children born in U.S before father's naturalization
Replies: 25
Views: 12199

Re: Children born in U.S before father's naturalization

To clarify, my U.S born GM was 12years old when her father naturalized
by Rruffolo
10 Feb 2022, 19:48
Forum: Emigration, Immigration, Naturalization and Italian citizenship
Topic: Children born in U.S before father's naturalization
Replies: 25
Views: 12199

Re: Children born in U.S before father's naturalization

I was curious if anyone has heard a recent update on how the appeals are going for 1948 cases involving children born in the U.S prior to their ancestor naturalizing. (as described in the article below https://www.mylawyerinitaly.com/news/developments-in-the-rome-court-of-appeal-eases-path-to-italia...