ITALIAN CITIZENSHIP 1948 cASE

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Italian Citizenship 1948 Rule

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1948 Cases Italian Citizenship 

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WHAT IS 1948 ITALIAN CITIZENSHIP?

When talking about Italian Citizenship by Descent or Jure Sanguinis, there is a special category that you absolutely have to know.

This category is very common, and it’s important that you clearly understand What is a 1948 Case and When you have an Italian Citizenship 1948 Case. 

Why is that so important? Well, the answer is very clear: Your application will be certainly denied by the Italian Consulate, as the 1948 cases cannot be processed through a local Consulate!

So: What is the 1948 Italian Citizenship rule? When You have an Italian Citizenship 1948 Case? 

All it begins when you are making your researches about Your Italian heritage, and so you are starting to complete your family tree step-by-step, person by person. 

In the line, you find there are both males and females people: for example, You have an Italian great-great-father, who had your great-grandmother, who had your grandfather, then your father, then You.

italian-citizenship-1948-case-1948-italian-citizenship

What is so “strange” in this example? 

You have a woman in the family line, Your great-grandmother. And so? Where’s the issue? 

Italian Citizenship Laws do not recognize women, born before 1948s and who had a child before 1948s, to pass Italian Citizenship. 

This is simply related to the fact the Italian Constitution was created on January 1st, 1948, and only after this date women were granted the same rights as men. 

And that’s why if You have a 1948 Case on Italian Citizenship, You cannot apply through the Italian Consulate, as the Consulate will certainly reject Your application, as the Consulate simply applies the Law.

"DO I QUALIFY FOR 1948 ITALIAN CITIZENSHIP?" - THE QUIZ

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HOW CAN I APPLY FOR 1948 ITALIAN CITIZENSHIP, THEN?

Ok, so: if I fall under the 1948 Rule, I cannot apply at the Italian Consulate for my Italian Citizenship through my grandmother.

 The solution is to apply for Italian Citizenship by Descent through the Italian Court. 

Why the Italian Court? 

Starting from the 1975s, some Italian Citizenship applicants submitted an appeal at the Italian High Courts as they had a 1948 Case but these cases were formally impossible, according to the law. 

And the High Courts recognized the right to claim Italian Citizenship by Descent also in case there were women in the bloodline who had their child before 1948s. 

Courts recognized as discriminatory the different treatments between men and women, and so there is no difference if you have only men or only women in Your family tree: You are entitled to claim and obtain Italian Citizenship. 

And so, Courts started to process these cases – and only Courts, as the Italian legislation never introduced any amendments in order to fix this gap. 

Applying for Italian Citizenship under the 1948 rule can be an advantage in terms of the wait times, according to the EU official statistics of acquisition of Italian Citizenship,  so don’t worry if You fall into this category!

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Italian Citizenship Wait Time

See the average different wait time (in days for Italian Citizenship through the Italian Consulate and Italian Citizenship through Italian Court.

The 1948 Italian Citizenship cases are becoming really trending, as more people are discovering that they can actually apply for Italian Citizenship by Descent, starting from 2009, when the first 1948 Italian Citizenship Case was filled at the Italian Court in Rome, according to statistics on acquisition of Italian Citizenship from Italian Government 

1948 Italian Citizenship Cases

Increasing demands 2009-2020

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We're here to realize Your dear to reconnect with Your Italian heritage.

You will become an Italian Citizen under the 1948 Rule, with Us

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HOW A 1948 ITALIAN CITIZENSHIP CASE WORKS?

Let’s see How to apply for a 1948 Case and what are the requirements of this particular Italian Citizenship application.

With a special look to some interesting and unique tips.

STEP #1. MAKE YOUR RESEARCHES

First of all, before starting with anything, we have to deeply check if You may be entitled to obtain Italian Citizenship through your maternal line – or through Your male line, but with a woman inside the bloodline. 

Do not underestimate this step – Why is this so important? 

There is a common mistake that 80% of people do, and seems almost nobody knows about it.

The unicity of the line.

What does it mean? 

When You have to apply for Italian Citizenship through Your grandmothers, or great-grandmother, or You simply find out there is a woman in the male bloodline, You have to be sure You 100% fall under a 1948 Italian Citizenship case.

As the 1948 Rule is a particular and exceptional situation, this means You can apply this only if there are not any other Italian Citizenship options.

Let’s make a practical example in order to better clarify this point.

 

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Case example No. 1

You discover to have 2 different eligible lines. 

The 1st line from Your mother’s side (i.e. Your maternal grandfather – your maternal father – You). Your maternal grandfather never renounced his Italian Citizenship. 

The 2nd line from Your father’s side (i.e. Your paternal grandmother – Your father – You). Your paternal grandmother never renounced her Italian Citizenship.

You may be eligible for Italian Citizenship by Descent from both lines. That’s good! 

But: what line may I choose? The 1st line (that is an Ordinary Case trough Italian Consulate) or the 2nd line (that is a 1948 Italian Citizenship case)? 

Well, you can’t choose anything here. 

When You are eligible from multiple lines, you HAVE to follow the line which is recognized by the Italian Citizenship Laws. And so, the 1st line. 

As we said, indeed, the 1948 Rule is not a rule set by the Italian Citizenship Law, but created by the Italian Jurisprudence starting from 2009. 

The answer is:  as the Italian Citizenship 1948 Cases are just “case law” set by Italian Courts, they may be applicable only when You have not other options. And so, as I also have a case set by the Law, this one is privileged.

STEP #2. COLLECT ALL VITAL RECORDS

As soon as we checked Your case is exactly an eligible case under the Italian Citizenship 1948 Rule, so we can definitely start. 

On this step, it’s important not only to collect all relevant Vital Records and related Documents but to do that in the right way.

A simple and generic check-list of the document may be synthesized as below.

Wait a second.

The List below is not complete and it has not to be considered as legal advice, but just as general information. 

A complete List and specific Legal advice will be provided to Clients only – also for the fact that each case must be processed on a “case-by-case” basis, with a tailored and personalized strategy.

  • Italian Ancestors Vital Records
  • Next in line's Vital Records
  • Your Vital Records
  • (if You have children) Your next in line's Vital Records

"But What if I found some discrepancies in the documents?"

This is a really good question and nobody tells You about it until it happens [and it may be late!].

It’s pretty common, especially from the U.S.,  to find some discrepancies on the names (first names, last names, etc.). 

For example, You always refer to your Italian grandfather with the name “JOHN”, but as soon as You obtain the Italian Birth Certificates, You find our the real and original name was “GIOVANNI”. 

So now? Is my Italian Citizenship application in trouble?

Don’t panic.

Here there are different solutions, depending on the complexity of the issue, that we analyze here in  due examples “Case #1” and “Case #2”. 

Case #1. You Find a Minor Discrepancy.

This is the better scenario and also the most common.

Let’s see the example above: You always refer to your Italian grandfather with the name “JOHN”, but as soon as You obtain the Italian Birth Certificates, You find our the real and original name was “GIOVANNI”. 

This is actually a non-critical case: the name is formally spelled differently, but John is the English translation of Giovanni, so You may be successful if all other Vital information can be clearly associated to the same person. 

Case #2. You Find a Big Discrepancy.

This is the worst-case scenario.

Let’s see an example: You always refer to your Italian grandfather with the name “BEN”, but as soon as You obtain the Italian Birth Certificates, You find our the real and original name was “ANTONIO”. 

This is no relation between Antonio and Ben.  

So what I can do to fix it?

The most common way to fix a discrepancy is to contact the Vital Record office and ask to amend the Certificate, providing the original Italian Certificate proving the real identity.

In case, for some reasons, the Vital Record office won’t be able to fix or amend the discrepancy, You need to fill an appeal at your local Court, asking for a Judge to certify the identity (and so amend the Certificate) with a “one and the same person Court order”.

STEP #3. THE APPLICATION OF ITALIAN CITIZENSHIP 1948 CASE.

That’s the day. Your Day!

After we will finish collecting all documents and fixing them (when necessary), we can finally start and submit the Italian Citizenship 1948 Case at the Italian Court. 

There’s no need for You to come To Italy – we will handle everything for You, thanks to the Power of Attorney You already signed and sent to Us as your Italian Citizenship Lawyers. 

 

What are the steps of the 1948 Italian Citizenship Case at the Italian Court?

A 1948 Case at the Italian Court can be divided into 4 main steps. 

1.The Italian Citizenship application is submitted at the Court.

Your 1948 Case will be registered at the Italian Court in Rome, with the so-called “Iscrizione a Ruolo” 

2. Preparation of the 1948 Italian Citizenship procedure. 

A judge will be nominated and assigned to your case. Then, we will have to notify the Application and the Court Appeal at the Italian Ministry of Internal Affairs (that may be able to participate).

3.The Hearing

That’s the day at the Court – the Judge will evaluate Your 1948 Case and check all documentation. 

4. Final Decision

The Judge will recognize Your right to obtain Italian Citizenship by descent and will order the Italian authorities to recognize all applicants as Italian Citizens.  

In order to finalize the Italian Citizenship, we will assist You on several steps required, ss as the Court Decree alone will not automatically recognize your Italian Citizenship.

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So, Let's summarize The Italian Citizenship 1948 Cases

The Italian Citizenship by Descent through Maternal Line

It’s pretty common to find out that You have Italian Ancestors from your maternal line. 

Or, It’s also common to have only a paternal line, but during the line, You will find out there are not only men but also women. 

In this case, You have to pay attention and check: when these women were born? 

And when their children were born? 

If Both questions have “Before 1948s” as a response, Your case falls under the 1948 Rule.

 

What is exactly an Italian Citizenship 1948 Case?

There is a lot of confusion on How to apply for an Italian Citizenship Jure Sanguinis under the 1948 Rule.

The main problem is related to the fact that this path seems not possible according to the Italian Consulate websites, where you can read statements like “You cannot apply if there is a woman in Your Italian ancestry bloodline“. 

But this is simply not true.

As we explained above, the Italian Consulate is not the only authority that can evaluate your Italian Citizenship application.

It’s normal to find out some confusion, and many Clients asked us:

How Can I apply for Italian Citizenship through my grandmother?

How Can I apply for Italian Citizenship by Descent through maternal line?

The Italian Consulate said to me that I cannot apply because I have a female in my bloodline!

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So, How to apply for an Italian Citizenship 1948 Case?

A 1948 Case is a particular case in the Italian Dual Citizenship Programs. 

The 1948 Cases are also called “Special Cases” as they are not formally recognized by the Italian Citizenship Law, but as Case Law for applying for Italian Citizenship by Descent.

Indeed, starting from 2009, all Italian Citizenship 1948 Cases are processed only through Italian Court. 

The so-called “Italian Citizenship 1948 Rule” was a rule created by Italian Jurisprudence from 2009. 

This principle states that if You have a woman in the Italian bloodline, and she had a baby before 1948s, You may be eligible for claiming Italian Citizenship by Descent. 

And You can do that only through Italian Court, which will be the only one able to recognize Your right to obtain Italian Citizenship Jure Sanguinis through Your female line.

ITALIAN CITIZENSHIP 1948 CASES: NUMBERS & STATISTICS.

The statistics on the acquisition of Italian Citizenship from the Italian Government clearly show on much interest there is in the Italian Citizenship acquisition process, and this is particularly valid for all 1948 Italian Citizenship cases. 

1948 Italian Citizenship Cases Applications

Increasing demands 2009-2020

Italian Citizenship Approval Rate

See the average difference between Italian Consulates on approvals/rejections on Italian Citizenship applications (self-made)

As you see, self-application is always more rejected – this is mostly related to the fact Italian Citizenship rules changed during time. 

That’s why it’s mandatory to request Italian Citizenship Assistance by qualified Italian Citizenship Lawyers, like Us.

1 %
Italian Citizenship Applications Successful. With Us.

SAVE MONEY AND TIME With Our Italian Citizenship by Descent Assistance

Avoid Wasting time on preparing all Italian Citizenship by Descent documents.

Avoid Wasting Time on repeat rejected 1948 Italian Citizenship Applications.

Avoid Wasting Money on researching Italian Citizenship by Descent.

Avoid Wasting Time on understanding what to do.

Why We Are Your Best Choice for your Italian Citizenship 1948 Case

We strongly believe in providing highest quality professional services for our Clients. 

An Italian Citizenship 1948 Case is not an easy case, as it must be handled by Italian Courts. 

This means that Your case will be deeply examined paper by paper, and it may happen the Ministry to participate in the appeal in order to make contestations.

That’s why it’s highly recommended to have a really qualified Italian Citizenship Lawyer assigned to Your 1948 Case. 

We want Your Italian Citizenship 1948 Case in good hands – we want You to feel comfortable and secure. 

Your happiness is our goal.

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FREE ANALYSIS ON YOUR CASE
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Italian Citizenship 1948 Case

If You discovered to have Italian Ancestors, and then You found out there is a woman on the line, You are eligible to apply as Italian Citizenship 1948 Case. We will assist You step-by-step on the entire process - with Your siblings too.
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You can obtain Italian Citizenship through maternal line (1948 cases) only through Italian Court as Italian Consulates don’t recognize this type of cases.

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“I contacted Law Firm Bersani for applying on my Italian Citizenship 1948 Case throught maternal line. Service was really excellent. They assisted me step-by-step, he helped me on everything. I had my Italian Citizenship in 12 months! Thank You so much!!”
Brittany Wenger
“I wanted to apply for italian citizenship by descent as my wife had Italian ancestors. We contacted the Law Firm for a consultancy and then we applied. Excellent service and they are really professional! Highly recommended!”
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“I was so frustated on thinking to apply through the Consulate. Thanks to Bersani Law Firm I applied through in a more smart and comfortable way”
Melanie Merritt
“I decided to apply with Law Firm Bersani for my Italian Citizenship 1948 Case. I have an Italian Female Ancestor. We applied through Italian Court Path and I got my IT Citizenship in only 1 year. Excellent Assistance by the Lawyers!”

Lillian Positano

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We will provide the best Support needed for each Client, with constant advices & helps Step-by-Step for the entire procedure, until You will obtain Italian Citizenship under the 1948 Rule

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ITALIAN CITIZENSHIP 1948 CASE- F.A.Q.

Most Common Questions about Italian Citizenship 1948 Cases and a simple list of Italian Citizenship by Descent FAQ we prepared for Clients.

The Italian Citizenship 1948 Case can be described as follow: If your Italian ancestral line includes a woman, and she had a child before 1948, You have a 1948 case.

This is the so called Italian Citizenship 1948 Rule. 

You are entitled to apply under the Italian Citizenship 1948 Rule as you have an Italian female ancestor that gave birth to a child before 1948s. 

In this case, the only way You have for obtaining Italian Citizenship by Descent is to apply for an Italian Citizenship 1948 Case through the Italian Court.

There is no technically requirements – You are eligible for Italian citizenship 1948 Case if your have a female ancestor in Your line, and she gave birth to her child before 1948. 

The key requirement – valid for all Italian Citizenship Jure sanguinis cases – is that You have to demonstrate the italian blood line wasn’t interrupted. 

You can apply only through the Italian Court, with a Power of Attorney granted to Us. 

We will represent You in Your Italian Citizenship 1948 application.

STEP #1. MAKE YOUR RESEARCHES

 

First of all, before starting with anything, we have to deeply check if You may be entitled to obtain Italian Citizenship through your maternal line – or through Your male line, but with a woman inside the bloodline. 

STEP #2. COLLECT ALL VITAL RECORDS

 
 

As soon as we checked Your case is exactly an eligible case under the Italian Citizenship 1948 Rule, so we can definitely start. 

On this step, it’s important not only to collect all relevant Vital Records and related Documents but to do that in the right way.

STEP #3. THE APPLICATION OF ITALIAN CITIZENSHIP 1948 CASE.

 
 

That’s the day. Your Day!

After we will finish collecting all documents and fixing them (when necessary), we can finally start and submit the Italian Citizenship 1948 Case at the Italian Court. 

No, the process will be conducted by Us exclusively, thanks to Power of Attorney you will sign.

We will represent You in the Court application.

Italian Citizenship by Descent is a program designed by Italian Government, in order to let You apply for Italian Citizenship if You have italian ancestors in your family heritage. 

Italian Citizenship by Descent is not granted to everybody: You have to have an italian ancestors and be eligible under certain conditions. We can evaluate together for a 1st free evaluation. Book a Consultancy or Contact Us!

Our Italian Citizenship Assistance Program is  focused on assisting Clients (from beginning to end) in order to let them become Italian Citizens, solving all issues they can find in actual circumstances.

Yes. Our Italian Citizenship Assistance Program is  focused on solving these type of issues, and You can appeal the Court in some particular circumstances. Read more about this special Italian Citizenship Assistance Program.

No. Our Italian Citizenship by Descent assistance won’t require You to come in Italy – we can handle everything with a Power of Attorney.

No. Our Italian Citizenship Assistance Program will only require a Power of Attorney, and that’s it. We will submit the application through the Court and representing You.Read more about this

Yes, all family members that are directly descents of the italian ancestors can apply in the same petition, when applying for Italian Citizenship by descent through the Court.

What are You waiting for?

Contact Us Immediately and Start Applying with Us on Your Italian Citizenship 1948 Case!

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