In many of our previous articles we analyzed the circumstances in which an individual might not be able to apply for Italian citizenship via an Italian consulate or municipality in Italy, but might be able to claim citizenship via the Italian court system instead. Court cases might sound very daunting due to the complexity of Italian laws and the technicalities of the application process. Therefore, it will be the aim of this article to provide you with the answers to some of the most frequently asked questions about court cases and 1948 cases more specifically.
What is a 1948 case?
Prior to January 1, 1948, men and women did not have equal civil rights. With regard to Italian citizenship law, women were not able to pass citizenship onto their children unlike their male counterparts. This changed when the constitution came into effect on January 1, 1948, because it granted men and women equal rights and therefore, women were able to pass their citizenship onto their children. Women’s unfair treatment is now considered to be unlawful and discriminatory, and this is why it is possible to challenge the courts in Italy and apply for Italian citizenship retroactively by filing a lawsuit.
Which documents do you need in order to apply?
As with applying for citizenship via an Italian consulate or municipality, in order to apply for the recognition of Italian citizenship by descent via a lawsuit, you need to retrieve certified copies of your family’s vital records which comprise birth, marriage, divorce and death certificates, and the naturalization records pertaining to the ancestor who was born in Italy. If your Italian female ancestor through whom you are claiming citizenship did not naturalize, you will need to retrieve a Certificate of Non-Existence of Records from USCIS (U.S. Citizenship and Immigration Services) and a Letter of Negative Search from NARA (the National Archives and Records Administration) or the County that covers the jurisdiction where your ancestor lived. All the vital records need to be authenticated with an Apostille and they also need to be translated into Italian. When applying for citizenship via a lawsuit, it is worth keeping in mind that all the translations will need to be certified prior to being submitted to the court.
Do you need to be present in Italy in order to file a lawsuit?
You do not need to travel to Italy in order to file a lawsuit or to attend a hearing. Rather, you can sign a Power of Attorney which will enable an attorney to represent you in court and file a lawsuit on your behalf.
How much does it cost to apply for citizenship via a lawsuit?
In addition to the cost of retrieving and authenticating all the vital records needed to apply, which is dependent on the specific state responsible for issuing them, you will need to cover the costs to certify the translations. These will depend on the number of vital records that need to be translated and, consequently, on the number of revenue stamps that are needed to certify each translation. On average, certification costs vary between €200 and €500. Finally, filing a lawsuit costs €286.
Where can you file a 1948 case?
Until June 22, 2022, all lawsuits were filed at the Court of Rome (“Tribunale Civile di Roma”), however, on November 26, 2021, the Italian government approved a law, which became effective on June 22, 2022, and which states that when “the petitioner resides abroad, the lawsuit can be filed at the court that covers the jurisdiction of the Italian father, mother or ancestor’s municipality”. Therefore, as of June 22, 2022, all 1948 cases are filed in the courts in the regional county seats that cover the jurisdiction of the municipality where the applicant’s Italian ancestor was born.
How long does it take to be granted Italian citizenship via the court system?
When all the records have been retrieved, authenticated with Apostilles and translated into Italian, the attorney will file the lawsuit and wait for the case to be assigned to a judge who will schedule the first hearing. The waiting time varies greatly depending on the judge’s availability, but it is generally between 3 and 9 months. During the first hearing the judge will examine your vital records and check that all the documents are in the correct format and no information is missing in order to process your claim. Some judges may schedule a second hearing, however this varies depending on the judge who is assigned to your case. If your application is complete the judge will decide whether to grant or deny your claim to citizenship on the same day the hearing is held, or within a few weeks from that day.
Can you request an early hearing?
A formal request can be made in order to ask for a hearing to be brought forward, however, the applicant needs to prove that they have a compelling and urgent reason which is related to the applicant’s work commitments or health.
What happens after a 1948 case is won?
If the case is won and the judge officially recognizes you as an Italian citizen, the ruling will be filed with the clerk of the court and the attorney of record will be notified. The attorney will need to wait 60 days for the judge’s decision to become final and thus no longer be subject to appeal. When that period of time elapses, the attorney will be able to request a certified copy of the final judgment with an official seal which indicates that the ruling is no longer subject to appeal (“sentenza con passaggio in giudicato”). The final judgment will then need to be registered through the municipality in Italy where your ancestor was born together with your vital records, i.e., your birth, marriage and divorce records, if applicable. For more information click here.
When can you apply for a passport?
You can apply for an Italian passport as soon as your vital records are registered at the Italian municipality. If you reside abroad, once your vital records have been filed at the municipality, you can register with the AIRE (Registry of Italian Citizens Residing Abroad) and apply for a passport. If you reside in Italy, you will need to go to the “Questura” (Police Headquarters) that covers the jurisdiction where you reside. When you apply for a passport you will need to provide the relevant Italian authority with a duly signed form, a valid form of ID, 2 passport size photographs and a passport fee. If you apply for your minor child’s passport you will need the other parent’s consent form. More specifically, as per Italian law, if you have minor children, you will also need your spouse’s formal consent to apply for your own passport.
Can your family members join your citizenship application?
If you apply for citizenship via a lawsuit you can apply as a family provided that you are claiming citizenship via the same Italian ancestor. We strongly advise that all family members who are eligible and wish to apply for citizenship join the same application. This is due to the fact that when the judge rules in favor of the recognition of Italian citizenship, only the petitioners who are named in the lawsuit will be granted Italian citizenship. Therefore, if a family member wishes to apply for Italian citizenship after the case has been closed, they will need to file another citizenship claim and provide the court with all the family’s vital records starting from the ancestor who was born in Italy and who emigrated to the U.S.
If you would like to learn more about the potential avenues to acquire Italian citizenship, or if you are interested in our free eligibility assessment, feel free to contact us at [email protected].
