1948 Case with Luigi Paiano

[AdrianBattaglia27]

Well, not repeat everything that has already been posted by myself and others in terms of the stages, but when you hire Luigi he will explain everything to you. After I won my case, we had to pay taxes, and wait for the documents to be filed, and the appeal period to lapse without government appeal filed, after that luigi sent all my vital records and the court decree to my comune and they filed everything and sent us extracts of the births/marriages. You make an appointment with your consulate to get a passport at which point you bring your us passport and italian birth extract. Before you make the appointment you need to register with AIRE -- you can find the email and docs needed on your consulate's website. you'll need to scan and email them a copy of your italian b/c, a utility bill showing address, the form you fill out, etc. And that's it. (As far as I can recall).

[dojo]

Just another quick update…

Big day today as I have paid Luigi. Moment of truth as next week approaches and the case becomes introduced to the courts.

[beretta302]

Hi all,

Just a question for this forum

Once citizenship is awarded by court decision, can it be passed automatically to the minor kids in the consulate?, or they would need also to be in the trial from the beginning.

[TerraLavoro]

All minor children would have to be included in a 1948 case as a matter of course, since all major life events need to be reported to the officials in the Italian comune where the interested party would be registered assuming a positive decision by the court.

I think it safe to say that having children would certainly qualify as a very relevant "life event".

[AdrianBattaglia27]

Hi all,

Just a question for this forum

Once citizenship is awarded by court decision, can it be passed automatically to the minor kids in the consulate?, or they would need also to be in the trial from the beginning.

I had my citizenship recognized through a 1948 court proceeding -- the way I understand it from Luigi Paiano, if your children are adults, they must be included in the initial court filing, if they are underage, you should be able to send their birth certificates to your consulate for forwarding to your comune. I don't have children though so haven't gone through the process myself.

Perhaps someone who has gone through the 1948 legal route and has children can post about their experience.

[DRuss]

All minor children would have to be included in a 1948 case as a matter of course, since all major life events need to be reported to the officials in the Italian comune where the interested party would be registered assuming a positive decision by the court.

I think it safe to say that having children would certainly qualify as a very relevant "life event".

There is a simple procedure which any Italian citizen can use to register their minor children as Italian citizens. The children must be minors (not yet 18 years old) at the time their documents are submitted to the Consulate. In other words, it's best to account for the fact that the trial and subsequent bureaucracy could take up to three years in total. So if any of your children are aged 15 years or older, they should join the trial. Otherwise, it will be about 250-300 Euros cheaper to register them yourself through the Consulate.

To register minor children, one must first be registered in the AIRE of their consulate. The documents required are: birth certificates of the children, apostilled and then translated by a translator who is approved by the Consulate.

[AdrianBattaglia27]

I had my appointment at the NY Consulate this morning to get my passport. Everything went very fast and efficiently -- Mario who took my fingerprints and had me sign my name was very friendly and nice. I can pick-up my passport Tuesday morning. There weren't that many people there today and apparently a few who had appointments for passports didn't show so I was in and out before my appointment time -- thankfully I got there 45 minutes early!

[dojo]

Congrats! What all did you have to bring to the appointment? Copy of Italian birth certificate and another form of ID?

[AdrianBattaglia27]

No! I brought EVERY document I have accumulated over the years with me just in case but they seemed very organized and efficient (go figure!). I handed him my estratto del atto di nascita and Mario was like, oh no we got that already. So I just showed him my us passport, signed a few papers, finger printed and paid the $152.50 (which was more than I thought it would be) and then he handed me a receipt and told me to come back Tuesday morning to pick it up! In fact, he didn't seem to even care that I had filled out the application form that the consulate has on its modulistica page. everything was in the computer database and a small file folder he carried with him.

[DRuss]

The fee structure for passports was changed in June. The initial passport fee is now 116 Euros, but it is no longer necessary to buy annual tax stamps.

Also keep in mind that passports are not mandatory - they are only required when entering or departing the Schengen zone at an Italian air/sea port. When entering Italy from another Schengen country (including transit flights), an Italian identity card is sufficient.

Personally I won't bother with an Italian passport, because I always enter Italy by road. I already have two other passports to carry and take care of, so the new plastic ID card will be much more convenient for me. To my mind, the birth certificate is far more significant and valuable than the various photo ID documents.

[jennabet]

A birth certificate is not an accepted form of identification in Italy. Only a carta d'Identita will get an Italian accounted for in the Schengen zone. You won't be entitled to a plastic card, however if this will be your first registration in Italy. It takes ten years of residence to get the plastic card. You will be issued a paper card at a cost of less than six euro.

[DRuss]

A birth certificate is not an accepted form of identification in Italy. Only a carta d'Identita will get an Italian accounted for in the Schengen zone.

Nobody claimed that a birth certificate would be accepted as a valid form of identification; rather, I stated that it is a more significant document to me.

You won't be entitled to a plastic card, however if this will be your first registration in Italy. It takes ten years of residence to get the plastic card.

That is pure rubbish. I see plenty of young wives carrying them at night in Milan. They have certainly resided in Italy far less than ten years.

[jennabet]

Perhaps their husbands' have resided in Italy for ten years. Good luck with your new plastic card.

[AdrianBattaglia27]

Well my three year project has finally come to an end: I went to the NY Consulate this morning and picked-up my first Italian passport. Sent a note to my lawyer Luigi Paiano letting him know that the everything he did to help me along the way paid-off!

Adrian

[dojo]

Congrats you finally have a passport in hand!!