Maternal Roots In Italy - How Does The 1948 Rule Work

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Maternal Roots In Italy - How Does The 1948 Rule Work
(Photo : Maternal Roots In Italy - How Does The 1948 Rule Work)

Italian citizenship is a dream for countless Americans who have their eyes set on European lifestyle and culture. Fortunately, the country offers the route of citizenship by descent, which enables you to reclaim your roots in the country. Anyone with an Italian lineage has good chances of landing in the country with an easy process. You only need to prove that your ancestors lived in Italy with valid documents from local authorities. The process takes a couple of years, and you are all set to live your dream in a country you love.

But things aren't as simple as they sound because citizenship by descent hinges on eligibility. The norms are more complex than you can imagine, specifically if you have a maternal lineage in the country. Does it mean you cannot claim citizenship by descent through a female ancestor? Do you have to look for another alternative to realize your dream? Thankfully, you can still claim through your maternal roots, but the process is different. You are eligible to apply through the 1948 rule. Let us explain it in detail.

1948 Rule - The Background 

The Italian Citizenship law of 1912 allows only men to pass down citizenship to their children. It extended to three generations, which means you can claim it through your father, grandfather, or great-grandfather. However, the law is discriminatory towards women as it does not entitle them to pass on citizenship to the next generations. Children born before January 1, 1948, cannot claim through Jure Sanguinis. It eliminates countless Americans from qualifying for citizenship, only because they have a female relative in their bloodline. 

The law is not only discriminatory but also complex. Imagine that one sibling qualifies under it and others born before 1948 do not. Eventually, the Italian government made some changes to the constitution to eliminate the flaw. These changes allow the transfer of rights to descendants of men and women born before January 1, 1948. Such aspirants can now apply through the court under the 1948 rule. Let us now explain the rule and its process in detail.

The 1948 Rule - A new beginning 

The year 1948 is perhaps the most significant in the history of Italy. Before 1948, the citizenship law was biased against women. But the new law granted females civil rights, including the right to vote and pass citizenship to their children. It is equally valuable for people who want to move to Italy by reclaiming their roots. If you have a male lineage, you can apply the traditional way through administrative means. 

Conversely, you need not worry about missing out on the chance if you have a female lineage. You have a 1948 case and can rely on the Italian judicial system to obtain citizenship. Although the process is different, you can still get your passport without much hassle. You will need to appeal in the court and hire an attorney though, but this new beginning is worth applauding. 

Eligibility for a 1948 case 

Now that you know what the 1948 rule is all about, it is vital to understand the eligibility factors. After all, you need to be eligible to get through the judicial process successfully. Here are the factors that you need to consider:  

  • If you gave a woman ascendant in your direct lineage, find out the year when she gave birth.

  • If it was before 1948, she could not possibly transfer her citizenship to her child according to the current law.

  • If it was after 1948, the citizenship rights pass on automatically to the child as the law was changed during this year.

Applicants who fall in the first category should not waste time with Jure Sanguinis and directly move to the court with their application. It is best to consult an expert to determine your eligibility so that you can pick the apt route. You can save time, money, and effort with the relevant option right from the start.

Clarifying the myths 

Since the 1948 Rule entails a judicial process, it is easy to think that the process will be longer and harder. But it is only a myth because you may expect just as much work as with the administrative route. The process may even be faster in some cases. If you are still apprehensive, A great guide on the 1948 route can be found here to ease your concerns. The judicial route is different, but it isn't more complicated than the traditional descent application.

The main difference is that you have to petition the Italian Court instead of applying to an Italian consulate. You will need specific documents for both, but the respective authorities will evaluate them. The court process does not mean an official lawsuit, and you need not even have to fly down to Italy to attend the hearing. Your local lawyer can serve as your representative and handle the process on your behalf. The success rates of 1948 cases are commendable, so you need not worry as long as you have valid evidence.

Steps of a 1948 case

Since the 1948 rule is a judicial process, you need to understand the steps before going ahead. Having an Italian citizenship expert showing you the way gives you an advantage, but awareness always helps. Here is the series of steps involved in a typical 1948 case.

#1 - Gather the required documents  

You will need to collect all the vital documents before applying in court, just as with the Jure Sanguinis process. These documents trace and validate your Italian descent and detail the life events of the ascendants. Typically, you will require birth and death certificates, marriage certificates, proof of divorces, immigration, and naturalization records. You need not work on non-lineage documents, but more supportive evidence always helps. 

#2 - Legalize the non-Italian documents 

Any documents originating outside Italy need to be legalized with an apostille. For example, a death certificate of a grandparent who died in the US must be apostille certified. It signifies the official authentication of a foreign document. Once you have a stamp on them, the Italian court will consider these documents legal and valid. Some documents do not even need an apostille stamp. For example, their naturalization records from the USCIS are valid without being apostille certified.

#3 - Get the documents translated 

Since Italian is the only official language of Italy, you will need to get translations for documents not originally in Italian. The officials will not accept the ones in any other language. But you must ensure that translations are certified for accuracy. For this purpose, you can get them done at a local Italian consulate or seek certification from an official in the judicial system of Italy. 

#4 - Hire an Italian attorney

Once you have all the documents in place, you can go ahead with the case. It is best to have a local attorney with relevant experience working on the case. Someone who has already represented the 1948 court cases has a definite advantage. Having a local lawyer is a wise decision because you will not need to travel to the country for the hearing. They can act as your local representative in the court.

#5 - Grant Power of Attorney 

Since you cannot expect to fly down for court hearings, it makes sense to empower your lawyer with a Power of Attorney. You will have to sign a POA, get it notarized, and send it to the lawyer. Every family member who petitions along with you has to grant a separate POA to the same representative. You will also have to sign them on the behalf of your minor children.

#6 - Mail documents and POAs to the attorney

At this stage, you will have to mail the original, certified documents and signed POAs to your legal experts in Italy. Remember that photocopies will not suffice because they are not deemed valid for the legal process. 

#7 - Start the petition 

When the lawyer receives the documents, they are all set to start the petition. But they will go through the documents and details to establish a strong case. Expect them to ask questions and gather more facts about your lineage. They will also have some guidance about the local laws and policies to get you a step closer to winning the case. It is easy to file the petition these days as lawyers can do it online. They will also submit your documents to the court the same way. Once submitted, the documents are passed on to the Italian Ministry of Interior's Office.

#8 - Get a hearing date

After filing the document, you will have to wait to be assigned a judge and a case number by the court. The process may take a few months to a year. Once these are assigned, you will get a hearing date after another few months. A single hearing suffices in most cases, and you can expect a final judgment a few months later. If the judge is satisfied with the proof, they will grant the citizenship.

#9 - Register the records 

If approved, the court will provide an order to validate it. The final step is to seal the deal by registering the vital records in the comune or municipality of your ancestor. There are some policies and procedures you will have to follow for the process, and your lawyer can help. 

Claiming Italian citizenship through maternal lineage is not as daunting as it sounds. You only need to understand your eligibility and the process. Having a seasoned attorney with experience in the 1948 cases gets you on the safe side. Find reliable assistance and get started! 

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