Difficulty renewing passport at Italian Embassy

[socklessria]

The Italian Embassy in NYC is making it difficult for my Mom to renew her Italian passport. She went there with all her documents only to be told that she needed my Dad's permission in order to renew her passport. Here's the big problem - my parent's have been separated for years and my Dad's whereabouts are unknown.

My Mom showed them a disposition from the Supreme Court that she uses when traveling with my siblings (they are minors) or renewing their US passports. The official wouldn't accept that document and stated that the embassy would have to attempt to contact my father first!! I guess they are going to use his last known address. Copies were made of all her documents and she was told that they would get in touch with her but it'll be "awhile."

She's upset because she planned on traveling to Europe this summer. She has Dual Citizenship with the Dominican Republic but she would have to get visas if she traveled with that passport. She's doesn't hold US citizenship -she's a legal resident.

She thinks they are giving her a hard time because she acquired Italian citizenship when she married my father. I think she needs my Dad's permission to renew her passport because my siblings are minors?

To complicate the situation even further, I would like to apply for an Italian passport. My mom was planning on submitting our translated birth certificates with apostilles to the embassy. Is my Dad also going to be needed for this process?

Has anyone else been in a similar situation? Any advice? Thanks!

[johnnyonthespot]

Italian/EU law is very strict in regards to minor children. Passports will not be issued to minors, nor will minors be included on one parent's passport, unless both parents agree in writing. This is to prevent one parent from "stealing" the children away to another country.

The rule has nothing to do with the manner in which your mother gained her citizenship. It is applied to all Italians regardless, even natural-born Italians on Italian soil.

Passport for minors

As of November 25, 2009, minors will no longer be added onto the passports of the parent (or guardian or person otherwise authorized to accompany them).

New European regulations provide protection of the minor’s identity and security by stipulating:

a) that all minors are required to have their own personal passport; and

b) that their pictures be routinely updated: the validity of the passport for minors differs depending on the age (three years for children from 0 to three years; five years for minors between three and 18 years of age).

In the case of minors who are already registered on currently valid passports, these will remain valid until the expiration of the passport itself.

For the issuance of the passport, the application must be presented at the Passport Office with the following documentation:

- special application signed by both parents or by one of them with the written and signed consent of the other; if one of the parents is not an italian or EU citizen and does not appear in person at the Consulate, his or her signature must be acknowledged by a notary public.
- two photos (identical, full-face and in colour) of the minor.

(N.B. If the minor was born abroad, in order to be issued a passport it is necessary to provide the authorised Consulate with his/her birth certificate, using a multilingual form, or with rider in the case of a translated version).
If one of the parents refuses to sign the act of consent for issuance of the passport to the minor child or for listing the minor child on his/her passport, it is necessary for the consenting parent to go in person to the Passport Office with a signed letter explaining the motives for which the other parent refuses to come sign the act of consent. This letter must give the complete address and telephone numbers of the non-consenting parent. If the motives for dissent are found to be unjustified, the Consul General can authorise the Office by special decree to issue/extend the minor’s passport.

http://www.consnewyork.esteri.it/Consol ... assaporti/

Presuming that your mother's passport lists the childrens names, she may be able to get around the problem by obtaining a new passport without the children's names instead of renewing her current one. Honestly, though, I don't know the procedure or possible solutions.

[socklessria]

Johhnyonthespot, thanks for the info.

My Mom is stubborn and went back to the embassy again with hopes of getting somewhere. Even though the children are not listed on my mom's passport, they will not issue her a new one. According to the official, she needs my father's permission to renew/get a passport, regardless of whether or not they have minor children.

So she has no other option but to wait. The embassy claims they have no case number or reference number for her. They were not able to give her anything in writing that says they will attempt to contact my father. I bet if she contacts them in six months, they will have no record of this whole situation!

URGH frustrating!

[johnnyonthespot]

I really do believe this is all about minor children. Perhaps the passport official is not explaining it well or perhaps your mother is too worked up regards the entire situation.

This page http://travel.state.gov/passport/get/mi ... s_834.html shows that the problem exists even for US passports.

You might try calling or emailing the Embassy of Italy in Washington DC to see if they can provide further insight as to the rules.

Passports Office
Tel.: (202) 612-4426
Fax: (202) 518-2142 / (202) 462-9406
E-mail: passaporti.washington@esteri.it

[socklessria]

I've emailed the NYC embassy but they just refer me to their website. LOL.
I don't know why it didn't occur to me to contact another embassy for clarification. Thank you!

[johnnyonthespot]

Just for clarification, the office in New York City is a "consulate" whereas Washington, DC is a full-fledged embassy.

In simple terms, consulates exist to serve individuals and companies who have interests in the other country, Italian citizens and companies based in Italy, or wanting to do business in Italy, for example.

An embassy is a consulate on steroids, the single most important difference being that the embassy is home to one country's diplomatic mission and interface with the host country. The Italian Ambassdor to the United States is based in the Washington, DC embassy.

My suggestion for contacting the embassy is based on a presumption that embassy personnel may be one or two notches better trained than consular personnel. Probably not a fair assumption, possibly not at all accurate, but what the heck - it's worth a shot.

[teddi]

This same law is applied in Italy when issuing/renewing a passport to parent with minor children (even if they are not listed on the passport)- the other parent must sign the application form. Mom needs to contact father to get him to sign. If she doesn't know where he is, possibly a private investigator can locate him.

[socklessria]

Johnnyonthespot, thanks for all your help. My mom contacted the embassy in D.C. They put her in touch with someone at the NYC consulate who has been very helpful. It looks like she may have this issue resolved in a matter of a few weeks.

[johnnyonthespot]

Johnnyonthespot, thanks for all your help. My mom contacted the embassy in D.C. They put her in touch with someone at the NYC consulate who has been very helpful. It looks like she may have this issue resolved in a matter of a few weeks.

Great news!

Please be sure to come back and let us know the final outcome; I for one am very interested.

[socklessria]

Update

My Mom was finally able to get her passport renewed. She had to provide proof that she had custody of the children by submitting school records and other documents. Thanks for all the help!