Category: court cases

The 1948 Case: what it is and how to win yours

We’ve discussed in a previous post how to qualify for Italian citizenship, so by now you are familiar with the rules. But as you apply for Italian dual citizenship, you may find yourself in a pickle.

What if you meet all requirements but have female Italian ancestors with children born before January 1, 1948? This would normally render you ineligible.

In fact, most online resources and even Italian consulates will tell you outright that you cannot apply. But don’t listen to them! You absolutely can apply… you just need to do so in a different way than everyone else.

When you have a female ancestor whose child was born before the cut-off, it means you may fall prey to the so-called 1948 rule. To gain recognition of Italian citizenship, you’ll need to file what we call a 1948 case.

We’ll explain how, where, and when to do it in this post.

 

What the 1948 rule is

Before Italy became a modern country, lots of its laws were discriminatory towards women (sorry, Italy! It’s true). But on January 1, 1948 Italy adopted its first modern constitution, hoping to remedy this. Before then, women faced an uphill battle in terms of equal rights before the law.

Until this date, Italian women could not pass on citizenship to their children. There were only few exceptions:

  • If the father was unknown or deceased at the time of the child’s birth.
  • If the father’s own foreign citizenship didn’t automatically pass down to the child at birth.

 

A practical example of a 1948 case

These cases can be confusing, so look at this example for how a 1948 case might play out in the real world.

Italian dual citizenship via maternal ancestry
Joanne was born in the US in 1950. Her mom Rose was born in the
US in 1925. Rose’s mom Ninetta was born in Italy in 1901. Even though Ninetta never became an American citizen, she didn’t pass down Italian citizenship to Rose (because Rose was born before January 1, 1948). And even though Joanne was born after January 1, 1948, she still didn’t receive Italian citizenship from Rose because Rose, in turn, didn’t receive Italian citizenship from Ninetta.

1948 case monkeys in a barrelRemember that in order for someone to qualify, each subsequent generation before them must qualify for Italian dual citizenship. Because Ninetta didn’t pass on citizenship to Rose, Rose couldn’t pass it on to Joanne. In this way, think of Italian citizenship as one big game of Monkeys in a Barrel. If one monkey slips, the whole chain breaks.

 

But what happens to a 1948 case when a male ancestor is thrown into the mix?

Well, it’s really the same thing.

Let’s use another hypothetical case:

Joanne has a brother Billy. Billy was born in the US in 1954 to Rose, born in 1925. Rose’s mom Ninetta was born in Italy in 1901. Even though Billy is male, he still did not receive citizenship at birth from Rose.

As long as there is a woman in your line, her child must have been born after January 1, 1948 in order for you to seek Italian citizenship through the normal channels such as the consulate or directly in Italy.

Fortunately for Billy and Joanne, their dad was born in Italy and he never became an American citizen. Remember that there are no restrictions on men passing down citizenship, so Billy and Joanne easily obtained citizenship from him.

 

Enter the 1948 case

In 2009, people got fed up. They were tired of seeing others apply for Italian dual citizenship and being left out in the cold due to mere happenstance of birthdates.

So, a pioneering attorney decided to take on a case of people of Italian descent seeking citizenship through their maternal ancestry. The attorney successfully argued in the Court of Rome that Italian citizenship laws were discriminatory towards women.

And he won. Judgement no. 4466/2009 was on the books. His clients were given Italian citizenship and today thousands of people follow every year.

These 1948 cases have a high degree of success. In fact, the Italian government no longer even defends itself against them.

But this doesn’t mean that they are yet enshrined into law. Unfortunately, the Ministry of the Interior has not yet changed the laws even though the Italian Supreme Court has ruled against the 1948 rule. That’s why Italian consulates still won’t allow applicants falling under the 1948 rule to apply.

Therefore, anyone who falls under the above category can hire an Italian attorney to represent them in court. If, with all other things considered, you are eligible you may obtain Italian citizenship this way.

 

What goes on behind the scenes of a 1948 case?

 

First, determine your eligibility

Before doing anything else, you have to be eligible in the first place. If you meet all other requirements except for the 1948 cutoff date, you can move on to the next step.

Then, you gather your documents

Once you determine eligibility, you have to gather your documents. This will also include Italian translations and legalizations (apostilles) on your vital records.

Finally, get ready for court

Then, your Italian attorney will file your case in the Civil Court of Rome against the Italian Ministry of the Interior. Now, the case is in Italy’s hands!

 

This is what happens after your 1948 case is filed

  1. File the claim in court;
  2. The court appoints a judge who will oversee the case. This usually takes anywhere from 2 to 6 months;
  3. Based on his or her schedule, the appointed judge will schedule the hearing usually 6-8 months from the time your claim is submitted. However, sometimes a hearing can be scheduled for 10 or even 12 months from initial filing;
  4. During the first hearing, a number of different things may occur, such as:
    1. When the judge requires additional documents and/or corrections and amendments of records and then schedules a second hearing,
    2. Where a judge may challenge the claim, giving the parties enough time to write a final defense,
    3. When the judge determines that no further documents/corrections/amendments are needed and will keep the file in order to issue the judgement.
  5. The final judgement declaring the applicant an Italian citizen is issued 5 to 10 months after the last hearing.

Timelines between the filing of the claim and the final judgment may vary. This can be anywhere from 12 to 24 months, and does not include the time it takes applicants to put together their documents which can vary from 6 to 18 months.

Therefore, the entire process from start to finish can be between 18 to 42 months.

 

Are 1948 cases successful?

No attorney can guarantee a positive outcome, but the success rate of 1948 cases is very high. Thousands of individuals have obtained Italian citizenship this way.

 

Can I use a 1948 case even if I qualify through another ancestor?

No. You can only go through the courts for a 1948 case if you have exhausted all other possibilities and do not qualify through a male ancestor or a female ancestor whose child was born after January 1, 1948.

If you qualify through the “normal” channels, you must apply through the consulate or directly in Italy.

 

How much do 1948 cases cost?

Fees vary according to the level of service you desire. A full package containing all documentation, translations, legalizations, plus court and legal fees can run anywhere from $7,000 to $25,000 depending on number of generations, number of family members joining your suit, amendments and/or corrections to be made to your documents, etc.

It’s an excellent value for Italian dual citizenship which has many benefits.

 

Do I have to be physically present in Italy during a 1948 case?

No. In fact, this is one of the advantages of this type of case. You do not need to be physically present at any time during your 1948 case. Your Italian attorney will work on your behalf.

 

Can other family members join me?

Absolutely, as long as they too fall under the 1948 case umbrella. Minors are included at no additional cost.

 

Does the Italian consulate have anything to do with your case?

No. Italy will grant your citizenship and transcribes your vital records in your ancestral town. For this reason, your Italian consulate at home in the US has no say in this process, except when you present your transcribed Italian birth certificate to enroll in AIRE (Registry of Italians Abroad).

 

Would you like to obtain Italian dual citizenship? Do you have a 1948 case? Tell us about it! Our company has been helping applicants successfully obtain Italian dual citizenship since 2005. We can help you obtain your Italian dual citizenship, from start to finish. Contact us today!

 

 

The Consular Appointment: What Happens If You Can’t Get One?

If you are thinking of obtaining Italian dual citizenship, it is an inevitability: at some point you’ll have to deal with your local Italian consulate. But with wait times exceeding more than 10 years in some jurisdictions, it may be incredibly difficult to snag a consular appointment. 

Today, Italian dual citizenship is more popular than ever. Each consulate processes approximately 2,500 applications per year. With 10 Italian consulates and embassies in the U.S., that’s almost 30 applications. Therefore, it’s no wonder that people snatch up appointments the minute they go online. As a result, some people seeking Italian citizenship have reported trying frustratedly for multiple weeks to get a spot on the calendar.

In this post, we’ll explain what happens if you can’t manage to get an appointment and what options you have.

You Can Hire a Company to Get You an Appointment

There are companies that specialize in acquiring consular appointments, and not just for Italian citizenship. These companies have staff that snag open appointments the second they go online and then resell them to people. I’m still not quite sure how they do it, though I suspect they write scripts to trawl the websites at the right time.

My advice? Don’t use them unless you are in an absolute jam and need the appointment ASAP. 

Frankly, consular appointments are free if you go straight to the source and they should stay that way. Ethically, I can’t recommend any company that takes a free resource and then resells it for a markup.

In any case, these services will run you about $400 per appointment so if absolutely necessary, be sure to include that in your budget.

You Can Sue the Italian Government

Did you know that if you’re unable to get an appointment or if your appointment was rejected, you have recourse? That’s right, you can sue the Italian government for recognition of your Italian dual citizenship. 

Here are five ways resorting to the Courts can help you obtain your Italian passport:

When a Consulate Takes over 2 Years to Act on Your Submitted Italian Citizenship Application

If the consulate takes over 2 years to process your application, you can hire us to take it to court. As per Italian law, the application process should normally be completed within this time frame. 

If Wait Times Are Unreasonably Long

If your wait time to get an Italian citizenship appointment is more than two years long, you can sue the Italian government. This is ideal for people in consular jurisdictions such as Boston, Chicago, New York, and Los Angeles.

When You Have a 1948 Case

Before January 1, 1948, Italian women could not pass on citizenship to their children. When your case involves a child born before this date to an Italian woman, you can petition the courts to obtain your Italian dual citizenship.

If Your Italian Female Ancestor Lost Her Citizenship Due to Marriage with a Foreigner

In the United States, Italian women marrying a foreigner lost their citizenship before the Cable Act of September 1922. If your female Italian ancestor lost her citizenship under these circumstances, you can petition the courts. 

When a Consulate Rejects Your Application

You have the right to fight this decision in Italian courts.

What Happens When There Is No Consular Appointment Available at All?

Sometimes consulates like San Francisco show no appointments at all. What is a potential applicant to do in cases like these?

According to Italian law, action can be brought against the court only if the consulate has either rejected an application or has not finished/decided an application within two years. In these cases, the appellant shows the judge either the denial or the booking receipt of an appointment that is more than two years out.

But when you have no booking receiptat all, there is no actual proof of rejection by the consulate. However, by following the right procedures, attempting to get an appointment, and by attempting to contact the consulate, we can sustain the existence of proper contact with the consulate and show that the unavailability of an appointment date is equivalent to a consular rejection.

Thus, the complete lack of an appointment is tantamount to a rejection and entitles the applicant to a judicial remedy. 

What Happens in Court Applications for Italian Dual Citizenship?

Proceedings start when a write of summons is filed with the Civil Court in Rome. You, the applicant, are the plaintiff and the Italian Ministry of the Interior is the defendant. Then, the court sets the hearing date by decree.

Your legal representative serves the writ and the decree to the Ministry of the Interior. In turn, the Ministry files a reply before appearing. You do not need to be present.

At the hearing, the judge will hear the case and check the paperwork. If more paperwork is needed, the judge adjourns. If not, the judge closes the hearing and decides on the case through an ordinance.

When one hearing is enough, Italian citizenship may be granted within 12-18 months.

After that, the ordinance is served to the Ministry to become final within 30 days if the Ministry does not appeal. Once final, the court will release an executable ordinance that will be served to the comune(town) of your ancestor’s birth to recognize you as a citizen. This last step may take another couple of months.

Thinking about obtaining Italian dual citizenship but don’t know where to start? Contact us! The experts at Get Italian Citizenship can help you become an Italian citizen without breaking a sweat.