Children born in U.S before father's naturalization

[mler]

Unfortunately, it doesn’t work that way. Every applicant must apply with documents tracing to his/her last Italian-born ancestor. I know it makes no sense, but your daughter would need to apply through her own 1948 case.

Sadly, common sense is often not so common with the application process.

[Rruffolo]

Thank you Mler
You always have the answers.

I will just have to hope that Mr. Paiano will be able to persuade the Italian appellate judge not to require the Judicial decree from the U.S. judge.

[Rruffolo]

I just got word that I won my appeal even though my ancestor naturalized after the birth of U.S. born children. The appellate judge was Lalia Papoff.

[mler]

Great news. Congratulations! Did it work for your daughter too?

[Rruffolo]

Thank you, but no. The judge was requiring a U.S court order allowing her to participate in the case instead of the normal parental power of attorney. Unfortunately there is no way to obtain such an order in the U.S legal system. I provided letters from 2 U.S attorneys stating such.

My daughter turns 18 in June, so Mr. Paiano is working to get us all the documents and commune registrations done so that we can hopefully register her with AIRE before her 18th birthday.

[mler]

Ok. An extra headache, but it will ultimately work out.

[JTSD20]

Thank you, but no. The judge was requiring a U.S court order allowing her to participate in the case instead of the normal parental power of attorney. Unfortunately there is no way to obtain such an order in the U.S legal system. I provided letters from 2 U.S attorneys stating such.

My daughter turns 18 in June, so Mr. Paiano is working to get us all the documents and commune registrations done so that we can hopefully register her with AIRE before her 18th birthday.

Hello @Rruffolo,

Congratulations on getting your Italian citizenship! And I think it's a wonderful thing you did for your daughter too. I am glad Luigi Paiano is on it to get your daughter registered in Aire in time. I have a question, and please ignore me if it's too personal. I also have a minor child on my case. My ICA rep plans to have my husband (who is also my daughter's father) sign something stating he agrees to let her participate in the case. Did Luigi Paiano have your daughter's other parent sign something like that? Or did the judge take issue that only one parent had a POA for your daughter to be on the case? If this is too personal, feel free to ignore. The post just made me worry about the same thing happening to my daughter. Fortunately she is still very young so we would have plenty of time to register her after the case.

I'm just wondering if this means we may not file with minor children at all.

[Rruffolo]

The power of attorney was signed by both my wife and me. Luigi Paiano said he had never heard of a judge make such a requirement; So I doubt you will have any problems if you have both parents sign the PoA.

There is a way to certify a PoA with the state department that you could get in the meantime, but there is no guarantee the judge would accept it either.

[JTSD20]

The power of attorney was signed by both my wife and me. Luigi Paiano said he had never heard of a judge make such a requirement; So I doubt you will have any problems if you have both parents sign the PoA.

There is a way to certify a PoA with the state department that you could get in the meantime, but there is no guarantee the judge would accept it either.

Thanks Rruffolo. It sounds like your POA is exactly the same as what my attorney will have me and my husband sign. Worst comes to worst I'll register my daughter in AIRE after the fact while she is still a minor. Thanks for sharing your experience!

[qualdom]

The power of attorney was signed by both my wife and me. Luigi Paiano said he had never heard of a judge make such a requirement; So I doubt you will have any problems if you have both parents sign the PoA.

There is a way to certify a PoA with the state department that you could get in the meantime, but there is no guarantee the judge would accept it either.

Thanks Rruffolo. It sounds like your POA is exactly the same as what my attorney will have me and my husband sign. Worst comes to worst I'll register my daughter in AIRE after the fact while she is still a minor. Thanks for sharing your experience!

I didn't include my daughter in my case file, either. She will be a minor for another 15 years so hopefully I will have concluded my case by then

[mler]

Registering minor children in AIRE is a simple process, so if your children are minors and will be for a while, there is no need to include them in your case especially if it involves more paperwork or greater cost.