There are many stages involved in preparing an application for Italian citizenship by descent, such as retrieving an individual’s family’s vital records, authenticating them with Apostilles, translating them into Italian, and assembling them in accordance with the specific requirements established by the Italian consulate to which the individual is applying. In order to apply for citizenship, an individual must also provide a copy of his/her passport and driver’s license, proof of address, the application fee and a number of duly completed and signed forms. While the consulate will use these items to file the applicant’s details and establish his/her eligibility to apply, the information listed on all the applicant’s family’s vital records will be used to verify the applicant’s lineage and, most importantly, the citizenship status [1]of the Italian ancestor through whom the applicant is claiming citizenship. This will be done by scrutinizing the proof regarding the Italian ancestor’s naturalization or non-naturalization. In essence, the citizenship clerk examining the application will check that all of the information listed on the applicant’s family’s vital records is consistent and coherent. In other words, the names pertaining to the individuals in the Italian lineage and their dates of birth will need to match on all of their records. If the vital records contain inconsistencies, it will be difficult for the citizenship clerk assessing the application to rebuild the applicant’s family tree and verify his/her Italian lineage. Therefore, when there are inconsistencies on vital records it is advisable to make amendments and correct the errors.
What to amend
Firstly, it is worth clarifying that there are no specific rules regarding amendments to vital records, rather, these are necessary when misspellings and incorrect dates of birth make it difficult to verify the identity of the individuals who are part of the applicant’s Italian lineage. However, not all discrepancies may jeopardize an application for Italian citizenship by descent.
Regardless of whether an application is being filed via a consulate, a municipality or a court in Italy, there are a few guidelines which are worth considering when reviewing the documents needed to file an application:
- The applicant’s full name and date of birth must match on all of the applicant’s vital records.
- The applicant’s parents’ names on his/her birth and marriage record should match their names on their respective birth and marriage records. Proof of parentage is crucial in order to verify the applicant’s Italian lineage and thus eligibility for Italian citizenship. This guideline also applies to the applicant’s parents, grandparents and great-grandparents’ names on their respective vital records.
- Correcting discrepancies on the records pertaining to out-of-line family members is not crucial, however, each case needs to be assessed individually. As a matter of fact, discrepancies on vital records are a rather complex topic because although there are some general tips to follow, each case is different and unique.
Usually, if the consulate requires an applicant to correct his/her vital records, the applicant will be given some time to do so after the application has been submitted. With regard to this, amendments to records are more likely to be required for applications which are submitted via a consulate or a municipality in Italy rather than via a court (if applying via a lawsuit). This is due to the fact that it is easier for the attorney representing a petitioner to justify a discrepancy before the judge who is assessing the claim to citizenship rather than for an applicant to justify the discrepancies on his/her vital records before a citizenship clerk in a consulate or a municipality. The reason for this is that judges tend to be more flexible compared to consular clerks, especially if attorneys provide additional documentation (such as censuses or draft cards) or details to prove an individual’s identity. On the other hand, consulates and municipalities in Italy tend to require that applicants formally correct the inconstancies on their records by applying for an amendment to the relevant authorities which are responsible for issuing the vital records.
How do you amend vital records?
In most cases, the requirements to amend or to correct a name or a date on an individual’s vital record can be found on the website of the vital statistics office which is responsible for issuing the record. In most cases these will include a copy of the requestor’s ID, a duly completed and signed form, the fee to process the amendment, and a copy or a certified copy of the individual’s vital record showing his/her correct name.
Can all records be amended?
Sometimes vital records offices may have very strict policies with regard to amendments thus they may not allow corrections to be made, or they may require a court order to change a name on a vital record. The department of health in Pennsylvania, for instance, does not allow amendments to be made to deceased individual’s vital records unless a court order is provided. However, not all departments of health or vital statics offices require a court order for them to adjust a record.
Some departments of health and vital statistics offices also allow AKAs to be added to a vital record, provided that the applicant can submit evidence to support the amendment. Indeed, adding an AKA can be useful in order to prove the identity of an individual in the applicant’s Italian lineage.
There are also many cases in which an individual may change his/her name voluntarily thereby filing a legal name change. A legal name change document can be used to amend or to change an individual’s name on his/her vital record in order for the record to reflect the individual’s current name.
Another document which can be used to justify the discrepancies that cannot be amended on an individual’s vital records is a One and the Same Court Order, whereby a judge declares that the individual listed on the documents with different names or dates of birth is one and the same. This legal document is necessary in rare instances and it is advisable to apply for one only if required by a consulate or a municipality.
Discrepancies regarding the ancestor who was born in Italy
Discrepancies tend to be common on older vital records and they often concern the applicant’s Italian ancestors’ names. This is due to the fact that many Italian immigrants anglicized their names when they arrived in the U.S., Antonio, for instance, became Anthony; Annunziata was simplified into Nancy, Assunta into Susan, Salvatore into Sam, and so on. Generally speaking, anglicized names are considered to be acceptable discrepancies and therefore do not need amending. In addition to anglicizing their names, in the past many people were not able to read or write so American clerks registering a vital event in the early 1900s often misspelled individuals’ last names or reported incorrect dates of birth. If there are inconsistencies regarding your Italian ancestor’s last name or date of birth, the clerk assessing your application at a consulate or at a municipality might ask you to retrieve a certificate from the municipality in Italy, which is known as Certificato di Esatte Generalità, which certifies that the individual listed on the records is one and the same. Some municipalities might also issue a slightly different document which is called positivo – negativo, which certifies the applicant’s ancestor was the only individual born with that specific name and on that specific day.
Conclusion
There are some general rules to follow in order to address the discrepancies that might need amending on an applicant’s family’s vital records, especially the ones concerning the individuals in the Italian lineage. Nonetheless, each case is unique and must be assessed individually by a dual citizenship expert in order for an application to be successful. It is also worth pointing out that it is up to the discretion of the citizenship clerk in a consulate or in a municipality in Italy to accept some discrepancies or to refuse others. If you are interested in applying for Italian citizenship and you need help with determining your eligibility and with preparing your application for Italian citizenship do not hesitate to contact us at [email protected]. We will be happy to help you.
[1] If the Italian ancestor was naturalized prior to his child’s birth in the U.S., the applicant will not be able to apply for Italian citizenship by descent because the Italian ancestor renounced his/her right to Italian citizenship before his/her child’s birth, thus breaking the Italian chain. On the other hand, if the Italian ancestor naturalized after his/her child’s birth, then the child automatically acquired Italian citizenship by birth right thereby passing the same right onto the individuals in the Italian lineage and ultimately onto the applicant. Women who were born in Italy can transfer their citizenship only to children who were born after January 1, 1948. For more information about the eligibility requirements to apply for Italian citizenship click here.
