1948 Case Question

[Swan14]

Hi, I am in the process of trying to apply for Italian Dual Citizenship, and had a question about the process.

I am applying through my maternal grandmother. The case would be a 1948 case with the Court of Rome. My question is that if I were to be approved and get Italian Dual Citizenship would my mother be able to apply directly with the Italian Consulate for an Italian Birth Certificate if she chose to also become Italian? It seems to me that in order to say I am approved for Italian Citizenship per Jure Sanguinis, they would have to first prove that my mother is indeed an Italian Citizen, because logically how could I be Italian if she is not.

If not, then please explain why not. I am trying to understand the process, so I can come up with the best option.

My mother and brother are both interested at some point in getting it, so I am trying to figure out if only one of us applies right now, would my mother just have to request an Italian birth certificate through the consulate or is it still the Court of Rome?

Also, if it does not work that way, then would it be easier to just have my mother apply? If she applied and her application were to be approved, then would all her children be able to apply for Italian birth Certificates from the Italian Consulate or is that scenario still the Court of Rome?

Thank you

[afecad]

Hi, I am in the process of trying to apply for Italian Dual Citizenship, and had a question about the process.

I am applying through my maternal grandmother. The case would be a 1948 case with the Court of Rome. My question is that if I were to be approved and get Italian Dual Citizenship would my mother be able to apply directly with the Italian Consulate for an Italian Birth Certificate if she chose to also become Italian? It seems to me that in order to say I am approved for Italian Citizenship per Jure Sanguinis, they would have to first prove that my mother is indeed an Italian Citizen, because logically how could I be Italian if she is not.

If not, then please explain why not. I am trying to understand the process, so I can come up with the best option.

My mother and brother are both interested at some point in getting it, so I am trying to figure out if only one of us applies right now, would my mother just have to request an Italian birth certificate through the consulate or is it still the Court of Rome?

Also, if it does not work that way, then would it be easier to just have my mother apply? If she applied and her application were to be approved, then would all her children be able to apply for Italian birth Certificates from the Italian Consulate or is that scenario still the Court of Rome?

Thank you

I am working with ICA on my 1948 case and they asked (up front) if there are any other immediate family members interested in citizenship (this is included with their services) and if you have children under the age of 18, all you need to supply is a birth certificate and they will also become citizens IF the case is won in court. I have two of my family members in the process as well.

I do not know anyone that has tried a 1948 case with the consulate, only one friend received his citizenship through his paternal line via the consulate, since his ancestor did supposedly naturalize.

The process is quite involved, a lot of documentation has to be collected and it takes a considerable amount of time. I would start by collecting all birth certificates (official) from your ancestor down to you both in Italy and within the USA. Make sure all the names match so that the dots connect. Also get marriage & death certs, as well contact NARA and USCIS for records regarding Naturalization, if your ancestor came over after 1912, the records should be with them, prior it would be at the local county courthouse in the area they lived in. If there are any divorces along the chain, including yourself, this also needs to be documented and requires special documents that are not common for US court houses to deliver, ICA made this process easy for me but it took a lot of back and forth.

I hear some people are doing 1948 case pro bono, but not my cup of tea reason I went with ICA.

[Swan14]

Thank you for your response, and the information. I know what you mean. I think I actually spoke to every company & lawyer online. It definitely is a long and tedious process. I have actually gathered all the required documents myself over the past year or two, and only have to get a certified copy of my grandmother's Italian birth certificate and then take care of the translation.

So, based on what you said, am I understanding correctly that since I am supplying my Mother's paperwork, that she will automatically become Italian with me, since I have to go through her, and would not need to apply herself? Would that then let my brother apply for an Italian Birth Certificate, after my application hopefully is approved, because our mother would be Italian? He was too busy to get the documents at this time, but wanted to leave the door open at a later date without going through the entire process again. I am asking, because it was my brother that was more interested in it than my mother, so I don't want to go ahead with the process until I know that he can get it at a later date without all the headaches and court. It seems logical that he can do that, but you never know the laws of foreign countries.

Thanks again for your help.

[JTSD20]

Hi Swan 14,

Like Afecad, I am also going through ICA. I have a 1948 case through my dad’s line. I have signed ICA’s contract to represent me and my minor child in the Italian courts. My dad and brother are not interested, but are equally eligible through this line. Because only I and my daughter are represented in the case, my dad and brother won’t receive citizenship if my case is won. They’ll have to start their own case if they ever wish to do so. Make sure your mother and brother are on the contract as well if they are interested. Otherwise they won’t be automatically included. Good luck!

[mler]

JTSD20 is absolutely correct. Your mother will not automatically be a recognized citizen. I know this is counterintuitive, but your mother and brother should apply with you. This will obviously be more costly, but less costly than applying individually.

Only those who actually apply, and their minor children receive citizenship through a jure sanguinis application.

[Swan14]

Ok, thank you all for the very helpful information. I will let them know.