1948 Case with Luigi Paiano

[scoziaitaliano]

Hey everyone,


Is anyone else having trouble with the Portale Servizi Telematici website? Every time I go on the website to view my case status I get a message that says:

Forbidden

You don't have permission to access /PST/it/pst_2_6_1.wp on this server.


It been happening for a few weeks now. Thanks!!

Try downloading the Giustizia Civile app (available for iPhone and possibly also for Android). Mind you, right now it’s telling me the data for the Roman courts isn’t available even through that interface!

[Pufnstuf]

Thanks Pufnstuf for replying

This is from my case:

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)
30/03/2016 - PASSAGGIO ATTI AL PM/PG
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

I asked Paiano and he told me the "average" is 4 months...but nothing so far.

Greetings all!

I wanted to post some good news... after a journey of 2 years and 3 months, we finally had a successful ruling on our 1948 case. Now begins the 6 month waiting period. We pursued the case through our GGF line and had 6 people join our case. Our situation required a court case since my father was born in 1945... however it might be of interest to some that his siblings (who were born after 1948, and could have gone the consulate route) also successfully joined the 1948 case too. This saved us a lot of headaches with ordering multiple sets of documents and going to different consulates. Luigi indicated this might not be successful, but it managed to work out in the end.

Here's some key dates for those interested;

4/7/2015 - Started our document collection, which took nearly 9 months.
9/24/2015 - Ordered AR-2 from USCCB - took 60 days to arrive - fortunately I didn't need this doc for my case
9/24/2015 - Ordered C-File from USCCB - took 5 months to receive - fortunately I didn't need this doc for my case
1/18/2016 - All docs collected, apostilled, notarized and sent to Italy for translation
2/1/2016 - Translation of nearly 40 documents begins.
2/9/2016 - Translation of documents complete.
2/11/2016 - Case submitted to court
4/11/2016 - Court date set for Jan 24, 2017
5/25/2016 - Judge assigned to the case
1/24/2017 - Hearing in Roma... there was no need for a second hearing
7/11/2017 - Court publishes decision (after nearly 6 months!) to grant citizenship! - Six month waiting period begins.

Kudos to Luigi... pretty much everything you've heard around here is spot on. He's been patient, attentive and always tries to set reasonable expectations. So far it's been a great experience. While we still have a few more hurdles, I feel like we've accomplished at least one major milestone.

A question to some of the experts here... I received word that the commune has registered our italian birth records and that I will receive them shortly. I'm a little concerned about the ordering of the names on the birth records and if it will present a problem when we register for AIRE and apply for the passport... On the actual birth certificate, the males who applied have their middle name (secondo) preceding their surname... For example;

US Birth name: Bob Alan Smith V

On the Italian birth certificate it lists the name as: ALAN SMITH V BOB

The birth certificate is free-form... In other words, no specific blocks to place text for cognome, nome, and secondo nome. Do you think this will need to be addressed before starting the registration / passport process with the consulate?

[santista]

A question to some of the experts here:

After the Judge's decision, can I consider myself an Italian citizen?

Can I go to Italy in an emergency only with the Judge's sentence?

[SFoley8505]

Scoziaitaliano,

Thank you for the suggestion! I downloaded the app and it works. I am finally able to check my case status again with the app. Thanks again!

[SFoley8505]

Hey everyone,

I was hoping someone could provide some information on what happens after you have a successful judgement. I understand that there is a 6 month appeal period that must pass. But what happens after that?

Does the court send my apostilled vital records to my comune to be recorded or do I have to send my comune another set? If I've been married and divorced in the past does the comune require me to send that additional paperwork? Does the comune mail you a packet to get registered in the AIRE?

I do not have a successful judgement yet (Its been 4 months since my court date) but I was just wondering how everything works.

Thanks in advance!

[scoziaitaliano]

While awaiting the next hearing in my application at the end of June, I noticed the following development when checking the app today:

24/05/2018 deposito atto non codificato

Anyone know what this step means? I have also sent an e-mail to Luigi to check.

[OpusReticulatum]

24/05/2018 deposito atto non codificato

Anyone know what this step means? I have also sent an e-mail to Luigi to check.

This usually means that a document has been deposited with the court. The "non codificato" part means that it's something that the court's database doesn't have a specific code for.

This often occurs when additional documentation that was requested of the petitioner has been filed.

For example: Either the court (prior to your hearing) or the judge (after your hearing) asked you to supply an additional document (a citizenship certificate for someone, or an additional birth certificate, etc.), and you sent it to your lawyer. Once the lawyer deposits it with the court, it will show up on the list as "deposito atto non codificato," since they don't have specific codes for each type of document one might send in. This is in contrast to when something for which they do have a code for, such as the final decision, is deposited. In the case of a final decision, it would appear on the list as "Deposito Minuta Sentenza Definitiva."

[scoziaitaliano]

24/05/2018 deposito atto non codificato

Anyone know what this step means? I have also sent an e-mail to Luigi to check.

This usually means that a document has been deposited with the court. The "non codificato" part means that it's something that the court's database doesn't have a specific code for.

This often occurs when additional documentation that was requested of the petitioner has been filed.

For example: Either the court (prior to your hearing) or the judge (after your hearing) asked you to supply an additional document (a citizenship certificate for someone, or an additional birth certificate, etc.), and you sent it to your lawyer. Once the lawyer deposits it with the court, it will show up on the list as "deposito atto non codificato," since they don't have specific codes for each type of document one might send in. This is in contrast to when something for which they do have a code for, such as the final decision, is deposited. In the case of a final decision, it would appear on the list as "Deposito Minuta Sentenza Definitiva."

Thank you for your comprehensive response - most helpful indeed. This all makes sense as the reason I have a hear in June in the first place was so that the court could have sight of my grandfather’s certificate of British naturalisation - it appears the judge wants to ensure I have exhausted all possible options before looking to my grandmother’s lineage.

[OpusReticulatum]

You're welcome! I'm happy it helped.

so that the court could have sight of my grandfather’s certificate of British naturalisation - it appears the judge wants to ensure I have exhausted all possible options before looking to my grandmother’s lineage.

I had a very similar situation with my case. Check your PM.

[eacosta]

Hi folks,

I´ve read you since 2 years now and finally i´ll start my process this weak with Luigi paino, thanks to your advice in general. Can someone tell me the averaege waiting period from the day the documents where submitted in court to the actual first hearing,

Thanks again,

Elias

[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.

My third hearing took place this morning and I am advised by Luigi that we now await the judge depositing a decision - hopefully without any further need for documentation this time round! Fingers crossed...

[fredbonfa]

Hi folks,

I´ve read you since 2 years now and finally i´ll start my process this weak with Luigi paino, thanks to your advice in general. Can someone tell me the averaege waiting period from the day the documents where submitted in court to the actual first hearing,

Thanks again,

Elias

Dear Elias,

I did the same as you, I've been reading the forum for some months and last week I decided/managed to send documentation to Luigi Paiano to start my wife's 1948 process. (I already hold the dual nationality (BRA/ITA) through the administrative way). Most likely my wife´s process and your will start in parallel so that we can keep in touch for double checking evolution.

By the way, where are you from? are you Brazilian too?

good luck and let's keep in touch.

Regards,
Fred

[eacosta]

Hi Fred,

Actually I´m colombian. Right now i´m waiting for assignazione di giudizie, i think too we will be at the same time spam.

Goog luck,

Elias,

[InvisiblePlatypus]

I and several members of my family just got our Italian passports thanks to the hard work of Luigi Paiano and his people. (My siblings and I are 100% Italian-American, but both of our grandfathers gave up their Italian citizenship to become American citizens before they had any children.)

Luigi has been great throughout the whole process. Dependable, responsive, and professional. Even after we won our case, he continued to provide us with any help we needed getting documents from our comune, etc. I recommend Luigi highly to anyone considering attaining citizenship through a female ancestor.

[scoziaitaliano]

My third hearing took place this morning and I am advised by Luigi that we now await the judge depositing a decision - hopefully without any further need for documentation this time round! Fingers crossed...

So a couple of developments in my case today:
07/08/2018 - DEPOSITO SENTENZA - PUBBLICAZIONE
07/08/2018 - INVIO ATTI ALL'AGENZIA DELLE ENTRATE

Could this be the date with destiny from which the six month appellate period will run?! Unfortunately my e-mail to Luigi received an out of office message in response so I may still have a wee while to wait to find out - hopefully not too long!