This was just a thought I had regarding challenging the 1948 rule in Italian court....my case is based on my GGF > GM > F > Me. Using this line, if successful, I would be registered in the comune of my GGF. My thought was, would it be possible to use my GGM as the 'italian born ancestor' rather than my GGF and if successful, be registered in HER comune instead? Maybe this is a stupid question. I'm just curious.
For additional info; my GGF was naturalized in 1961, grandmother was born in 1922 (in US), my father born in 1943.
Thought regarding 1948 rule
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Rossonero3
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Thought regarding 1948 rule
Researching areas - Marzano Appio, Caserta and Carinola, Caserta
Re: Thought regarding 1948 rule
No, it's not possible because your G-Grand-mother could not pass citizenship to any offspring born before 1948. You have to use your G-Grandfather's line.
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Rossonero3
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Re: Thought regarding 1948 rule
Right, but isn’t that the premise for challenging the law? She never gave up/denounced Italian citizenship.jennabet wrote: 02 Mar 2018, 16:23 No, it's not possible because your G-Grand-mother could not pass citizenship to any offspring born before 1948. You have to use your G-Grandfather's line.
I have a viable case for my grandmother already, so I’m just posing the question.
Researching areas - Marzano Appio, Caserta and Carinola, Caserta
Re: Thought regarding 1948 rule
Since you already have a viable 1948 case through your ggf, that would be the preferred route. Obviously, going through your ggm only adds another woman to the pre-1948 issue, but my guess is that your lawyer will want the line that minimizes complications.
Does it really matter where your documents are registered? My daughter's birth is registered in NY, my son's in CT, my grandchildren in NYC, NYS, and Chicago. Not a problem.
Does it really matter where your documents are registered? My daughter's birth is registered in NY, my son's in CT, my grandchildren in NYC, NYS, and Chicago. Not a problem.
Re: Thought regarding 1948 rule
Rossonero, after you are recognized and you move to Italy, you can go and live in your great-grand-mother's commune and apply for residence there. That's the only way you will ever get your family's documents registered in her commune.
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Rossonero3
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Re: Thought regarding 1948 rule
Good point about adding another ‘woman’ issue, that makes sense. And no it doesn’t really matter where the docs are registered, it’s just more of a sentimental preference.mler wrote: 03 Mar 2018, 13:26 Since you already have a viable 1948 case through your ggf, that would be the preferred route. Obviously, going through your ggm only adds another woman to the pre-1948 issue, but my guess is that your lawyer will want the line that minimizes complications.
Does it really matter where your documents are registered? My daughter's birth is registered in NY, my son's in CT, my grandchildren in NYC, NYS, and Chicago. Not a problem.
Researching areas - Marzano Appio, Caserta and Carinola, Caserta
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Rossonero3
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Re: Thought regarding 1948 rule
Ok, it’s not a big deal. I posed the question more of a ‘hypothetical’ out of curiousity. I guess there’s no black and white answer, seems more of gray area.jennabet wrote: 03 Mar 2018, 13:51 Rossonero, after you are recognized and you move to Italy, you can go and live in your great-grand-mother's commune and apply for residence there. That's the only way you will ever get your family's documents registered in her commune.
Researching areas - Marzano Appio, Caserta and Carinola, Caserta
