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But what is confusing to me is whether it applied retroactively to me since my mother looks to have been a recognizable citizen in 1979 (assuming a positive 1948 verdict). Would the 1983 ruling have applied to any minor child under 18 and automatically made them a citizen as well? I was still under 18 in 1992 as well, when further changes were made to the law.mler wrote: ↑24 Sep 2018, 12:12 Actually, if someone naturalizes in Italy, their minor children are also naturalized. However, this is not a case of naturalization; this is automatic citizenship acquisition.
The following applies to you:
Re obtaining Italian citizenship after the 1983 citizenship law was enacted:
“By minor children of persons acquiring Italian citizenship. Before 27 April 1983, minor children could not acquire Italian citizenship by this means if they were living abroad from Italy and still retaining a foreign citizenship.”
Since you were still a minor in 1983, this appears to apply. You were not living in Italy, but after 1983, that was no longer a requirement.
Quoting Luigi Piano, "To get Italian citizenship through marriage does not allow to transmit the Italian Citizenship to own children. Sorry you do not qualify through your mother".jennabet wrote: ↑24 Sep 2018, 11:59 When you were born in 1975, your mother, who acquired Italian citizenship through marriage and NOT through blood, was not an Italian citizen so you cannot be included in this type of case. Only the children your mother gave birth to after she became Italian are qualified. This is because in effect when your mother married an Italian citizen in 1979, she became automatically naturalized. If your mother had acquired Italian citizenship by blood, for example from her own Italian parents, then you would also be qualified. Or if your real biological father was Italian you might also have a case through him. But as it is, no, you cannot be recognized along with your half siblings for Italian citizenship.
Perhaps we should clarify why someone might be (was) banned from a forum.jennabet wrote: ↑27 Sep 2018, 14:00 I agree you should choose your forum, Brody and take all of the "good advice" from the arrogant, barely Italian New Yorkers who have always challenged all of the consulates, all of the comunes and now the Italian attorneys. I'm pleased you came back to report that the advice they provide is convoluted nonsense when most just take all of their advice and give them thanks for keeping their hopes alive, but never return to announce that the advice was wrong. Or maybe they do return but are shut down/and or silenced or banned for making them look like incompetent fools.
Brody, I am also aware that in addition to you not being eligible to receive Italian citizenship through your mother, an Italian attorney also told you that since your mother, who was married before 1983 was not legally recognized during the marriage and that her Italian spouse passed away in 2014, she is ALSO not eligible to be recognized as an Italian citizen. Please do not believe that this attorney did not read your inquiry correctly. Italian lawyers read very well and this one did NOT miss the fact that the marriage took place before 1983.jennabet wrote: ↑27 Sep 2018, 12:38Quoting Luigi Piano, "To get Italian citizenship through marriage does not allow to transmit the Italian Citizenship to own children. Sorry you do not qualify through your mother".jennabet wrote: ↑24 Sep 2018, 11:59 When you were born in 1975, your mother, who acquired Italian citizenship through marriage and NOT through blood, was not an Italian citizen so you cannot be included in this type of case. Only the children your mother gave birth to after she became Italian are qualified. This is because in effect when your mother married an Italian citizen in 1979, she became automatically naturalized. If your mother had acquired Italian citizenship by blood, for example from her own Italian parents, then you would also be qualified. Or if your real biological father was Italian you might also have a case through him. But as it is, no, you cannot be recognized along with your half siblings for Italian citizenship.
So I was right again! No surprise here. Your mother was NOT Italian when you were born so unlike your half siblings who's mother WAS Italian when they were born, you do not qualify through your mother.
jennabet wrote: ↑29 Sep 2018, 15:46Picking this up again for Brody, who as yet has not returned with an update, which I'm sure the forum would like to be advised of.jennabet wrote: ↑27 Sep 2018, 12:38Brody, I am also aware that in addition to you not being eligible to receive Italian citizenship through your mother, an Italian attorney also told you that since your mother, who was married before 1983 was not legally recognized during the marriage and that her Italian spouse passed away in 2014, she is ALSO not eligible to be recognized as an Italian citizen. Please do not believe that this attorney did not read your inquiry correctly. Italian lawyers read very well and this one did NOT miss the fact that the marriage took place before 1983.
I would advise you to ask for proof from the people who are telling you otherwise. Tell them to tell you where you should go to research authentic responses from others who have been given this same advice and have then come back and confirmed that it was correct. If no one has done this, ask them WHY NOT.
My companion has been an Italian citizen from birth. When he was recognized at a consulate in the USA in 2011, he submitted the marriage certificate (translated and apostilled) between himself and his deceased wife (year of death 2008) whom he married in 1970. The consulate asked for a simple photo copy only, not translated and not apostilled, of her birth certificate. If it is true that his deceased wife was an automatic but unrecognized Italian citizen from the time of her marriage and that her death did not sever her right to such citizenship, why did the consulate not ask for a certified, translated and apostilled copy of her birth certificate to be filed at the commune along with the documents of her living Italian citizenship spouse? Instead, we know for a fact that the commune has no such deceased "Italian citizen" registered there, when in fact many other Italian citizens registered in the commune are deceased.
Therefore, I think I have more than proved the point that your mother cannot be recognized as an Italian citizen. Her right to such recognition ended when her Italian spouse became deceased.