1948 case

If you descend from an Italian woman or have women in your line of citizenship, you may have heard the term “1948 case” for Italian citizenship.

But what is a 1948 case, exactly?

Italian citizenship law used to treat men and women differently. For decades, Italian women couldn’t legally give citizenship to their children. If an Italian woman married a non-Italian man, her children wouldn’t be Italian citizens.

However, on January 1, 1948, the Italian government decided to change this rule. When Italy adopted its modern constitution, women finally had the right to pass citizenship to their children.

But there is another hiccup. This law is not retroactive. Only children born after January 1, 1948, obtained citizenship through their Italian moms. If a woman in your Italian lineage gave birth to her child before January 1, 1948, that child did not automatically gain citizenship. 

Therefore, if you fall under this rule, you must appeal to the courts to establish your Italian dual citizenship. It might sound intimidating, but the process is not difficult at all.

Who Has a Claim to 1948 Case Italian Citizenship?

To determine if this situation applies to you, identify all of the women in your direct line. Then, find out if those women had their children before January 1, 1948. 

If so, then you have a 1948 case. If not, the rule doesn’t apply, and you can proceed through a consular application or directly in Italy.

If you have a 1948 case, we can help. We have a team of attorneys, each with at least five years of experience handling these proceedings. By hiring our team, you do not have to go to Italy to pursue this citizenship claim.

• Certified, legalized copies of vital records for you, your intermediate ancestors, and your last Italian-born ancestor (full documentation suite)
• Legalization of your non-Italian documents into Italian
• Your Italian ancestor’s naturalization records or proof of non-naturalization
• Completing your 1948 case from start to finish, including power of attorney 
• Transcription of your birth records in Italy and enrollment in AIRE (Registry of Italians Abroad), necessary for you to obtain an Italian passport

Fees

Fees for full-service, start-to-finish 1948 cases vary depending on complexity, number of generations removed, and any usable documents that clients may already possess.

Service fees are not inclusive of out of pocket expenses related to the completion of your file. These can include document costs, notary fees, shipping and handling, and any other costs levied by government agencies for retrieval of vital records on your behalf. These fees can average $300-$800 depending on complexity of clients’ cases and number of generations removed from last Italian-born ancestors.

Additionally, project fees do not include any amendments, court orders, or other extra documents needed after a full set of vital records is obtained. These are ancillary services that only some clients need if they have unclear documentation, serious name or date discrepancies, or are told to obtain further documentation by the consulate. We will not charge you for any extras until we’ve discussed any potential issues in your application plus ways to remedy them.

* There may be a surcharge if you have documents from any country that is not signatory to the Apostille Convention. There may also be a surcharge if we must obtain a naturalization record released less than 100 years ago to a non-deceased individual.