1948 Case with Luigi Paiano

[Barga1948]

Hi everyone!

I am just starting a 1948 case with Luigi Paiano. As many of you, I have spent a significant amount of time reading, researching and obtaining all necessary documents. Luigi has been THE KEY to understand the legal process and has been an incredible patient and dedicated person. Luigi should be filling the pleadings in court sometime this month.

My case involves 3 countries: Italy, USA, Venezuela.

Basically, my bisnnono immigrated to Venezuela but for some unknown reason my nonna was born in the USA. ALL other family civil records are found in Venezuela. Hence, I had to produce multiple certificates of No Naturalization from USCIS, NARA, State and Local Courts to cover such possibility in the USA, and also only one Certificate of No Naturalization from Venezuela. Other than that, all facts are standard/ the same as most cases.

Our translator was Teresa Borlotti ( She is phenomenal ).

I will keep you all posted so as to the development of my case. - I hope this helps other members of the forum.

Emiro

[jays48]

I have use Instarem they charge low fees are easy to transfer and quick.

https://www.instarem.com/

[scoziaitaliano]

My case was finally updated:

Elenco delle righe di storico:

13/11/2015 - ISCRIZIONE RUOLO GENERALE
18/01/2016 - ASSEGNAZIONE A SEZIONE
25/02/2016 - DESIGNAZIONE GIUDICE
30/03/2016 - FISSAZIONE UDIENZA PRIMA COMPAR. / TRATT. (art.183 ai sensi art. 168 bis, c.5)
13/04/2016 - RITORNO ATTI DAL PM/PG
10/11/2016 - DEPOSITO ATTO NON CODIFICATO
24/01/2017 - IN DECISIONE CON RINUNCIA TERMINI PER CONCLUSIONALI
25/01/2017 - ANNOTAZIONE
10/07/2017 - DEPOSITO MINUTA SENTENZA DEFINITIVA
11/07/2017 - DEPOSITO SENTENZA - PUBBLICAZIONE
11/07/2017 - INVIO ATTI ALL'AGENZIA DELLE ENTRATE

Paiano sent us a copy of the sentence. We are Italian now.

Congratulations on my success! Curiously, the last entry on my application states:

30/11/2017 - IN DECISIONE

And there is no further text nor reference to ANNOTAZIONE (which I understood to be the judge’s note of his decision, which thereafter would be open to appeal by the Government for 6/7 months). I may need to pick up with Mr Paiano to see if there is a delay with the note here, or whether Christmas holidays complicated matters.

[Barga1948]

- Congratulations scoziaitaliano.

[scoziaitaliano]

- Congratulations scoziaitaliano.

I’m not sure if there’s anything to congratulate, yet!

[scoziaitaliano]

- Congratulations scoziaitaliano.

Just realised I had asked people to congratulate *my* success above rather than that of Edienlson - apologies, typing too quickly and that message probably came across as quite conceited

So by way of update, I am advised that:

- it will likely take between 4-6 months from the "IN DECISIONE" step of 30 November 2017 for the decision to be issued;
- it is when the decision is issued that the six month appellate period will start to run; and
- on average, it takes eleven months from when the decision is issued to having an Italian birth certificate in hand (including the six month appellate period).

So therefore it is likely that the whole process will go beyond the two years I had initially hoped that it could be concluded within (my application was lodged in November 2016) and it will probably be no earlier than Spring 2019 by the time I hopefully have a passport in hand, assuming the decision goes in my favour.

Nonetheless I always knew this would be a process in which patience would be required and I am fairly relaxed about the situation at present; hopefully this timetable can be adhered to!

[phyland]

Hi everyone, got a bit of a complex case here that I think is going to have to go via a 1948 case lawsuit. I'm wondering on what everyone's opinion is because I'm not certain that I even fall under the 1948 ruling.

My claim to Italian citizenship comes from my father's side of the family, but there is a chain of two women in the middle of my tree. In other words I have twice the difficulty that others might face. Here's my line:

F->GM->GGM->GGGF

My GGGF moved from Italy to England in the late 19th century, and as far as I know, never renounced his citizenship. He had a daughter in 1918, and she gave birth to my grandmother in 1940, so obviously before the 1948 rule took effect. My question is: does the fact that I have a link between two women prior to 1948 mean that a lawsuit is more difficult? Even impossible?

I don't yet have all of the information i need (birth certificates, etc). I want to make sure that it'd be worth pursuing that before I start. What do you think?

[lssbdf9193]

May 2016: learned about decision 4466, started DIYing. papers look GOOD! a birth certificate has the wrong name, but otherwise ... just, wow
Mar 2017: hire Marco Pepe
Apr 2017: registered mail vital records, contract, procura
May 2017: USAA wire transfer for translations
Jun 2017: translations set, Marco asks for statements from people who know the person on the bad record
Jul 2017: I order birth certificates to identify the people I'll use for the statements
Aug 2017: I go on vacation
Sep 2017: I've got the statements but I'm waiting on birth certificates to identify the people in the statements
Oct 2017: I follow up with the health department, who says the post office must have lost the birth certificates
Nov 2017: I get the birth certificates, and immediately registered mail them to Marco
Jan 2018: received this

From: Marco Pepe
Date: January 29, 2018 11:15:55 AM
To: Anonymous
Subject: First hearing settembre 25, 2018

We have the first hearing :
55555/2017 number of proceeding
Giudice: ALBANO SILVIA
Attore principale: ANONYMOUS
Conv. principale: MINISTERO DELL'INTERNO .

[scoziaitaliano]

From: Marco Pepe
Date: January 29, 2018 11:15:55 AM
To: Anonymous
Subject: First hearing settembre 25, 2018

Thanks for sharing this lssbdf9193 - very interesting and as an observation your First Hearing is further away than I would have anticipated - I wonder if this is an indication of increased demand on the court service in respect of these type of cases or some other reason. in my own case the case was registered in early November 2016 the First Hearing took place at the end of February 2017. Hopefully your judge doesn't assign a Second Hearing - that has happened in my case and has added roughly another year on to the process!

[A.Michelle]

So roughly how long is this process taking now? I am getting documents translated as we speak and will be filing my suit as soon as the translations are complete. And are prospects for winning still good?

Thanks!

Michelle

[jennabet]

It's election season. The vote takes place on March 4. Everyone is busy and will be even busier installing the new government.

[scoziaitaliano]

So roughly how long is this process taking now? I am getting documents translated as we speak and will be filing my suit as soon as the translations are complete. And are prospects for winning still good?

Thanks!

Michelle

Hi Michelle - nothing that I have heard has changed the prospects of success as far as I am aware.

Further to my previous update it may be that the citizenship gods are smiling on me as on checking my case this morning I noted the following update:

31/01/2018 - RIMESSIONE FASCICOLO AL GIUDICE PER LA DECISIONE

While I am not entirely offay with the Italian court system I note from another forum I peruse that another user reported the following timetable after this step:

06/06/2016 - RIMESSIONE FASCICOLO AL GIUDICE PER LA DECISIONE
20/06/2016 - DEPOSITO MINUTA SENTENZA DEFINITIVA
28/06/2016 - DEPOSITO SENTENZA - PUBBLICAZIONE
28/06/2016 - INVIO ATTI ALL'AGENZIA DELLE ENTRATE

If this occurs in my case (and I take jennabet's point regarding the impact of the election on timings) then I would have a decision by the end of February and the six month appellate period would start to run from that time. With a bit of luck I could have a passport by the two year anniversary of my case being lodged in November 2016!

I will keep you all posted.

[Rossonero3]

Quick question and sorry if this may be covered already in this thread, but do the apostilles attached to the vital records need to be translated? I've come across mixed information about this.

Thanks

[scoziaitaliano]

Quick question and sorry if this may be covered already in this thread, but do the apostilles attached to the vital records need to be translated? I've come across mixed information about this.

Thanks

I'll try and look out tonight the quote I received from Luigi Paiano's translator on this point, which should answer the issue.

[A.Michelle]

Scoziaitalizo - Congratulations on your progress,and thanks for the reply! I'll look forward to following your case. It has taken so long to gather all my documents and get corrections and clarifications.... I can't wait to actually get the process going.

Michelle