1948 Case with Luigi Paiano

Over 25 million Italians have emigrated between 1861 and 1960 with a migration boom between 1871 and 1915 when over 13,5 million emigrants left the country for European and overseas destinations.
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Rossonero3
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Re: 1948 Case with Luigi Paiano

Post by Rossonero3 »

scoziaitaliano wrote: 01 Feb 2018, 14:24
Rossonero3 wrote: 01 Feb 2018, 13:41 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.
Heard back from my lawyer, he says they do NOT need to be translated.
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Rossonero3
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Re: 1948 Case with Luigi Paiano

Post by Rossonero3 »

couple more questions for you experienced folks....

- do naturalization papers (petition/oath etc) need to be translated? Also, are ALL of the marriage certificates necessary? (including mine?)

My line is my GGF > GM > F > Me
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jennabet
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Re: 1948 Case with Luigi Paiano

Post by jennabet »

Naturalization documents do NOT need translation. Yes, All marriage certificates leading to the result of your birth are necessary. If you, yourself are still married, yes, yours is necessary.
Rossonero3
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Re: 1948 Case with Luigi Paiano

Post by Rossonero3 »

jennabet wrote: 03 Feb 2018, 14:10 Naturalization documents do NOT need translation. Yes, All marriage certificates leading to the result of your birth are necessary. If you, yourself are still married, yes, yours is necessary.
Thank you for the reply....maybe my lawyer is less experienced? He told me that yes, ALL U.S. documents need to be translated. I know that if applying at the US Consulates, it is not necessary, but perhaps it is for the Roman Court? Do you have experience with this yourself?
In regards to my marriage certificate, I was under the impression I did not need that yet, but it makes sense I guess. I am married and have a minor child that will be on the petition with me.
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jennabet
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Re: 1948 Case with Luigi Paiano

Post by jennabet »

NO experience with 1948. Consulates do not require translation of federal naturalization documents. By the way, if you have a lawyer, it might be a good idea just to go with his advice, no?
Rana
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Re: 1948 Case with Luigi Paiano

Post by Rana »

I'm considering a 1948 case, but have a question. My grandmother married my grandfather, a naturalized US citizen, before the Cable Act so she was naturalized by marriage. In reading the forum, it seems like that in and of itself does not cause a problem for a claim of citizenship. My question is whether USCIS will return "no records found" if she was "naturalized by marriage". Anyone have any experience with that?
Rossonero3
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Re: 1948 Case with Luigi Paiano

Post by Rossonero3 »

jennabet wrote: 03 Feb 2018, 16:20 NO experience with 1948. Consulates do not require translation of federal naturalization documents. By the way, if you have a lawyer, it might be a good idea just to go with his advice, no?
Thanks anyways, but that's what this is about, 1948 cases.
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erauch
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Re: 1948 Case with Luigi Paiano

Post by erauch »

Do I have a clear cut 1948 case?

My great grandmother was born in the USA before her parents naturalized, both of them doing so after 1912.
My grandmother was born in 1930, and my mother in 1954. The 1948 issue here just applies to whether my GGM could pass it on to my GM, right? So if this is allowed by the courts then everything would be smooth from there?
I have already sent an email to Luigi Paiano but I'd like to confirm here.
smorand
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Re: 1948 Case with Luigi Paiano

Post by smorand »

dojo wrote: 06 Jul 2016, 00:02 Luigi contacted me yesterday, and has informed me that I have been awarded Italian citizenship! There were a couple typos in the decision that have to be corrected, but now starts the 7 and a half month appeal period to lapse.
Hi Dojo! My decision also has some typos in it. What was the procedure to correct typos in your case? Paiano is also my lawyer.

Best regards,

SMorand
scoziaitaliano
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Re: 1948 Case with Luigi Paiano

Post by scoziaitaliano »

So, news arrives of another hurdle in my court application. Apparently my judge, despite having previously determined that he was satisfied that a decision could be made on my application after the second hearing, has changed his mind.

The issue looks to arise on the basis that given my grandfather (who naturalised in the UK prior to my father's birth which therefore means my application needs to go through my grandmother's lineage, hence the need for a 1948 application) has a relatively common Italian name, the judge wishes to be satisfied that my grandfather (and not any other individual by the same name) did naturalise here and that I cannot simply apply to the consulate for a passport - which would render the court application superfluous.

Therefore a third hearing has now been assigned for the end of June, and it looks like I'll need to obtain a certified copy of his naturalisation certificate (which I only hold a photocopy of at present) and have this apostilled and translated to be presented to the court. I may actually suggest to my lawyer that his birth certificate also be included as a belts-and-braces approach which may hopefully assuage any remaining concerns the judge may have. I also have correspondence from the consulate from a few years ago which may also assist.

All along I have known this process would not be straightforward or rapid but there are days like today when despair does descend, particularly when a further four months just disappear! Hopefully it will all be worth it in the longer run.
tc86
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Re: 1948 Case with Luigi Paiano

Post by tc86 »

Apologies if this has been asked before. I have my grandmother's original naturalization certificate. Have others who have pursued a 1948 case through Luigi Paiano obtained a certified copy and apostille of their Italian ancestors' naturalization papers? Can I get an apostille on the original? If a certified copy is needed, how did you get one?

I looked on the USCIS website and all the info on getting certified true copies of naturalization certificates seems to apply to your own certificate, not an ancestor's.
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Re: 1948 Case with Luigi Paiano

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tc86 wrote: 23 Feb 2018, 16:23 Apologies if this has been asked before. I have my grandmother's original naturalization certificate. Have others who have pursued a 1948 case through Luigi Paiano obtained a certified copy and apostille of their Italian ancestors' naturalization papers? Can I get an apostille on the original? If a certified copy is needed, how did you get one?

I looked on the USCIS website and all the info on getting certified true copies of naturalization certificates seems to apply to your own certificate, not an ancestor's.
I had to go to my local Dept of Homeland security (had to set up an appointment through a website) to get "certified" copies of my mother's and grandmother's naturalization documents. They were glorified photocopies but were considered certified I guess because they came from the government. I had the originals, but they insist on certified copies and besides I didn't want to take the chance of the originals getting lost in the mail etc. Also, Luigi said I didn't need my mother's naturalization document and the only reason I needed my grandmother's was to show her name change on the back of her naturalization document. Pretty sure I got apostilles on my grandmother's document as well, everything I sent had an apostille, not sure why a previous poster was saying it wasn't needed.
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Re: 1948 Case with Luigi Paiano

Post by Qliner »

scoziaitaliano wrote: 21 Feb 2018, 14:35 All along I have known this process would not be straightforward or rapid but there are days like today when despair does descend, particularly when a further four months just disappear! Hopefully it will all be worth it in the longer run.
Hang in there! It took me over four years to get it done for 11 of us! My only hold up now is Texas didn't accurately fill out an amendment to a birth certificate and the comunne is insisting that I changed my sisters name (where the amendment was to show my mother's name change! So, enter the fifth year! We are citizens now at least, just tying up the details so we can order passports.

Part of it is staying on top of every request and change and hurdle -- I admit there were times I neglected it for a month or so here and there as daily life prevails.

Good luck and keep us posted.
Qliner
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Re: 1948 Case with Luigi Paiano

Post by Qliner »

scoziaitaliano wrote: 21 Feb 2018, 14:35 All along I have known this process would not be straightforward or rapid but there are days like today when despair does descend, particularly when a further four months just disappear! Hopefully it will all be worth it in the longer run.
Hang in there! It took me over four years to get it done for 11 of us! My only hold up now is Texas didn't accurately fill out an amendment to a birth certificate and the comunne is insisting that I changed my sisters name (where the amendment was to show my mother's name change.) So, enter the fifth year! We are citizens now at least, just tying up the details so we can order passports.

Part of it is staying on top of every request and change and hurdle -- I admit there were times I neglected it for a month or so here and there as daily life prevails.

Good luck and keep us posted.
Qliner
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Re: 1948 Case with Luigi Paiano

Post by Qliner »

erauch wrote: 13 Feb 2018, 20:31 Do I have a clear cut 1948 case?

My great grandmother was born in the USA before her parents naturalized, both of them doing so after 1912.
My grandmother was born in 1930, and my mother in 1954. The 1948 issue here just applies to whether my GGM could pass it on to my GM, right? So if this is allowed by the courts then everything would be smooth from there?
I have already sent an email to Luigi Paiano but I'd like to confirm here.
Did you hear back from Luigi yet? I am not sure about this one as I don't know what the laws were that early in the 20th century or the significance of 1912, but would like to know.
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