Thought regarding 1948 rule

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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Thought regarding 1948 rule

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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.
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jennabet
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Re: Thought regarding 1948 rule

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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.
Rossonero3
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Re: Thought regarding 1948 rule

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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.
Right, but isn’t that the premise for challenging the law? She never gave up/denounced Italian citizenship.
I have a viable case for my grandmother already, so I’m just posing the question.
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mler
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Re: Thought regarding 1948 rule

Post by mler »

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.
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Re: Thought regarding 1948 rule

Post by jennabet »

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.
Rossonero3
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Re: Thought regarding 1948 rule

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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.
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.
Researching areas - Marzano Appio, Caserta and Carinola, Caserta
Rossonero3
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Re: Thought regarding 1948 rule

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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.
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.
Researching areas - Marzano Appio, Caserta and Carinola, Caserta
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