1948 Case with Luigi Paiano

[dojo]

Yes, I'm going through my great-grandparent as well. GGM-GM-F-Me. I would have been able to do GGF-GM-F-Me through the consulate but my greatgrandfather naturalized the year before my grandmother's birth. Unfortunate timing, but hopefully won't effect the end result. Just have to wait longer I guess.

Not sure if a friend would be able to do it faster because Luigi sends the documents to the comune directly. Also, if your friend did it then the only thing they could do is help expedite the filing process (assuming they know someone at the anagrafe) and maybe take it from Bologna, where Luigi is, to your comune faster than the mail delivery (very generous friend to do all that travelling). You would still have to request the copy of the birth certificate, be present to receive a carta d'identita', etc... So besides helping with the filing time which isn't a problem in most cases, I'm not sure how much faster a friend could get it done. I would say just be patient with Luigi sending it. The benfit of you doing it personally would be not only expediting the filing process (assuming you or your friend know someone or they're nice to do it quickly because you're there), but you can receive a carta d'identita' and copy of your birth registration on the spot since you'll be there. I believe someone on these forums or another did this. They took it personally to the comune with a relative, waited a few days for them to file the documents, and the next day went in and got the carta' d'identita issued. I can't seem to find the thread or post though.

[Peter Sockler]

Thank you for explaining! I did not realize it was that involved, and it was necessary to know someone at the comune to expedite it. Sounds like waiting is the much less complicated option! Thanks for the explanation!

[dojo]

No problem. I'm not too sure if it's 100% necessary to know someone at the comune, but it would definitely help (from what I've read). If you didn't know anyone and went by yourself, I'm sure just being friendly wouldn't hurt from them registering you on the spot or within a couple days.

[manu]

@Peter thank you! I really hope it gets sorted out quickly. I'm in Spain currently, and hope to stay for at least a couple more years either here or elsewhere within the EU. I have family in my comune (a lawyer, actually) so I could ask them to give me a hand when the time comes. I'll try to expedite the process for getting the carta d'identitá asap so as to be allowed to work anywhere in the EU with no visa requirements.

[Peter Sockler]

@dojo thanks again for the info!

@manu I hope it gets sorted quickly as well! Wow that's so convenient for you, good luck with everything!

[Derek1977]

Hello everyone!

I am writing as I'd like to hear from people who had a similar case with mine.

I'm trying to get my Italian citizenship through my great grandmother but she was born before 1948.

However, she is a daughter of an Italian male.

Does any of you know/heard of people who tried to get it through Luigi and succeeded in court?

Best regards,

D.

[dojo]

If you do a quick search on this forum and others on the web, I think you will find plenty of what you are looking for. There are several success stories on this forum from those who have been successful in "1948" cases.

[Peter Sockler]

Hello Everyone,

Just wanted to let everyone know that my father and I were awarded the Italian citizenship! I am very excited obviously, but the judges wrote in their decision that my minor brother's case (who is 17) could not be examined as my mother did not sign the power of attorney which Luigi had sent to us. I was never told she had to sign this and would have obviously had her sign had I known. I am very confused as how best to proceed because we are supposed to wait 7 months until it is possible to register in our respective comune, and by that time (December 19) my brother will have turned 18 (On sept 21) and I am not sure if he will be able to automatically obtain the Italian citizenship anymore, or if he has to go to through the process of obtaining it by decent like everyone else who does not need a 1948 case. I messaged Luigi about this but he has not responded as I'm assuming he is out for the rest of the day and I have also tried calling the Italian consulate in New York but they have not responded. Any suggestions/advice or anything would be extremely helpful! I hope that since my father obtained it as well my younger brother will be able to later upon proving he is my father's son to the consulate. Needless to say I have about 80 million questions for Luigi and again any opinions/suggestions/advice are welcome!!

[Peter Sockler]

descent*

[dojo]

First, congratulations on a successful case!

In regards to your brother, I believe he would be able to apply via the consulate through your father, once your father has been registered in AIRE, has the passport, etc... Let us know the responses from Luigi and the consulate however for a better explanation.

[Peter Sockler]

@dojo, somewhat successful but thank you!

I asked the NY consulate and they said that they would not be able to register my brother as he is a descendant of a female before 1948 and that they cannot deviate form the court's decision- even though the decision the court came up with literally declared my father and I as Italian citizens from our births. And as i'm sure everyone here knows if your parent is an Italian citizen at the time of your birth, any child is allowed to request Italian citizenship, regardless of age.

Anyway, so Luigi realizes there is a problem, I spoke with him on the phone and he said that he will get the authenticated copy of the court's decision as soon as they release it (1-2) months and send that along with all of our birth certificates (myself, father and younger brothers') to our comune. And he said basically that it is up to the comune to decide if they will register before the time of appeals is up as we are pressed for time because my brother's 18th birthday is in late september. Luigi said that in Italian law it is not required for both parents to give authorization, so I am even more confused as to why one of the judges decided to make that decision. He also said that the decisions from the Tribunale Ordinario di Roma are immediately enforceable under Italian law, so basically I am just hoping that our comune agrees to register the certificates even before the appeals period is over. It's pretty upsetting because by paying for my almost 18 year old brother to be on the trial I wanted to avoid exactly this situation.

[dojo]

Very interesting. If your brother has the same father, he will be able to apply after you and your father have been registered as citizens in your comune and at the consulate. I think the consulate may have been confused about that, as they may have assumed you meant if he applied now. He would also need to schedule an appointment to apply, and not just be able to register. Your brother would just have to provide your father's certificate of citizenship and estratto di nascita from the comune along with some other documents that the consulate requires.

As far as the comune registering you before the appeal period, I have never heard of Luigi doing that. That would be very interesting if he could sway the comune to do that and could be a big milestone in these cases if it works. Keep us updated as everything develops further! Best of luck with everything!

[gustavo]

What about Luigi Paino's fees for the process? ball park? Also, does he stick to the plan / quoted fees, or some "unforeseen" fees came up along the process?

[gustavo]

What about Luigi Paiano's fees for the process? ball park? Also, does he stick to the plan/quoted fees, or did any "unforeseen" fees came up along the process?

[Peter Sockler]

Yes we have the same parents, and I hope you are right! Because it seemed to me they would go beyond/deviate from the decision at all. Even though all the decision said in regards to him was that "we cannot examine his case as the documents lack authority from both parents." A citizenship appointment at the NY consulate seems to take forever so I really hope that Luigi is able to come through and just have his birth certificate registered.

I think he is only doing that because of the issue with my brother to be honest, because there is a chance our comune could refute it as they wait for the permanent decision. But as I said before he told me that Italian law stipulates that once one of these decision is made it is immediately enforceable. So basically it is up to the Stato Civile of our town to decide! He said some towns will do it some won't so we'll see and I;ll try to update as much as possible!