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Italian Consulate Citizenship Appointment.
What if it’s impossible to book an appointment at the Italian Consulate?
How can I apply for Italian Citizenship by Descent if there is no appointment at the Italian Consulate?
The Complete Guide about the Italian Consulate Citizenship appointment.
See the solutions for applying for Italian Citizenship by Descent if there are no appointments at the Italian Consulate.
Italian Consulate Citizenship Appointment – Today Contents
The issue about the Italian Consulate Citizenship appointment.
We already talked about the Italian Citizenship application through your Italian ancestors. In these articles, we talked about some common issues for who is planning to apply.
Today, we want to talk about the appointments for filing your Italian Citizenship application at the Italian Consulates. And the main issue that’s affecting almost all applicants.
We usually receive the following questions from our clients:
“I tried to book an Italian Consulate Citizenship appointment, but it’s impossible. There are no free spots.”
“It’s months I try to have an appointment at the Italian Consulate for my Italian Citizenship application, but it’s always fully booked.”
“The Italian Consulate Citizenship Appointment is not available – and there are no spots for next years too!”.
How can I set my appointment? How can I apply for Italian Citizenship by descent if it’s impossible to have an appointment at the Italian Consulate?
We will explain to you, right now, what the solutions are. And how you can apply for your Italian Citizenship by descent in case of no Italian Consulate Citizenship appointments.
The Italian Consulate Citizenship Appointment: How Can I book it?
When you are ready to submit your Italian citizenship application, you can book your appointment at your local Italian Consulate.
Tips for You
We suggest booking your appointment [or try booking it] when you’re starting the process.
So when you’re starting to collect all the Vital records documents, you need your Italian Citizenship application.
For starting the process of booking the appointment, you can register on the Italian Consulate website under the section called “PrenotaOnline.”
Welcome to the online appointment booking system of the Consulate General of Italy in New York.
To book an appointment, you need to create a personal account by filling the form on the right side of this page (first and last name should correspond precisely to personal data reported on passport).
After filling the form, the system will send you an email with instructions on how to activate your account.
Once your account is activated, you will access the appointment system with your username and password and book your visit at the required Office.
If you no longer require the appointment for any reason, please cancel it to allow another application to use that time slot.
If you cannot find a suitable appointment date, we recommend checking the online booking system daily after 6 pm when canceled appointments become available.
After clicking the “New User Registration” button, you need to fill in your personal information and contacts.
Ok, now you log in – and you’re ready to check if you would be able to book your Italian Consulate Citizenship appointment.
What will you see if there are no appointments?
Here you can find a screenshot of the online Calendar Form from the Italian Consulate of San Francisco.
Note: we took this Italian Consulate as an example, but the exact Online System is for all other Italian Consulates worldwide.
As you can see, the calendar form shows two colors: red (day fully booked) or black (appointments not available for that day).
As you see, the Italian Consulate does not accept appointments every day, and they allow applicants to apply only in a few days.
What does it mean?
It means that booking an appointment is like winning the Lottery.
Imagine thousands of applicants who connect simultaneously to find a spot on a particular day and certain hour.
If you can book an appointment, you will win the Lottery, and it’s just a matter of luck.
Is the PrenotaOnline System the only way to book an Italian Consulate Citizenship appointment?
Yes – most Italian Consulates specify it on their websites. The only way to book an appointment is through this Online Booking System.
The situation is also more complicated, considering the same Italian Consulates report: websites (or Companies) sell appointments.
This fact is ILLEGAL – and we highly discourage everybody from buying appointments.
Also, the Italian Consulate knows this – and they may cancel your appointment (and your name “black-listed”).
Is it worth it? No.
You may be interested in reading our latest article about the 1948 cases
How to apply if I cannot set an Italian Consulate Citizenship appointment?
It may be a frustrating situation.
You passed months and months to prepare all relevant documents for Your Italian Citizenship by Descent application, but now you cannot finalize it.
You may lose hope, especially if you read that the “PrenotaOnline” Booking System is the only way to book an appointment at the Italian Consulate.
But there’s the solution.
Now we explain to you how to apply for your Italian Citizenship. Also, you cannot book an Italian Consulate Citizenship appointment.
And we will show you concrete examples of how to do that on cases we processed for our clients.
Right now, it’s common to see that it’s impossible to have an appointment at the Italian Consulate for your Italian Citizenship application.
Of course, after the Covid-19 pandemic, the situation became even worst.
Italian Consulates closed, so they wholly suspended (and canceled) all Italian Consulate Citizenship appointments.
How can I apply for my Italian Citizenship by Descent, then?
In this case, the only way to claim your Italian Citizenship is through the Italian Court.
You will need to file your petition at the Italian Civil Court in Italy. The judge will check your documents and decide on Your application.
2022 UPDATE. PAY ATTENTION.
A New Rule in force from June 2022.
It’ll be valid for 1948 cases of Italian Citizenship.
And for all Italian Citizenship applications through the Italian Tribunal.
You can apply for the 1948 Case through the local Immigration Court.
Based on where your Italian ancestor was born.
The Italian Government introduced this new rule in November 2021.
Law 26 November 2021, n. 206, has provided (with art. 1, paragraph
37) the following new rule.
“When the plaintiff resides abroad, disputes regarding the ascertainment of the status of Italian Citizenship are assigned having regard to the municipality of birth of the father, mother, or ancestor of Italian citizens.
The provisions apply to proceedings initiated from one hundred and the eightieth day following the date of entry into force of this law “.
It means that all Italian Citizenship by descent applications won’t pass through the Court of Rome.
As it happened until today.
It may also be beneficial for new applicants.
Indeed, the processing time may be lower than before.
But let’s see more and deeply about the process, with some concrete examples Bersani Law Firm processed during these years.
Do I Have to come in Italy if I file the petition at the Italian Court?
No. You do have not to come to Italy, and you do have not to do anything. We will file the petition for you. It’s a judicial process, so an Italian Citizenship Lawyer will assist you and represent you.
Petition at the Italian Court if you can’t get an Italian Consulate Citizenship appointment: The procedure.
If you won’t find an appointment, or if you have an appointment, but after more than two years, you have to find an alternative way to apply for your Italian Citizenship: the Court path.
First of all, we want to specify that it is a complex process – so everything must be prepared and filed accurately.
In the end, it’s formally litigation.
For a better understanding of how the process works, we divide it into two phases. In this way, we will be schematically and – by consequences – more transparent.
Phase 1. Preparing all documents and evidence about the Italian Consulate Citizenship appointment.
As Italian Citizenship Lawyers, we will file your case at the Italian Court, so it’s not just a matter of proving your Italian heritage. And to be eligible for Italian Citizenship under the jure sanguinis.
But you have to prove to the Italian Judge why you’re filing the case at the Court.
What proofs do I have to submit at the Court?
The judge will have to understand why you need to claim your Italian Dual Citizenship through the Court and not the administrative process (the Italian Consulate). So you need to prove why you’re taking the Court path.
So, we need to prove you did your best to have an Italian Consulate Citizenship appointment, but nothing worked. So the last chance to have your Italian Citizenship is by filing the petition through the Court.
This is called the “interesse ad agire”: you must prove that your case has a strong foundation.
How to do that?
There are many ways to do it.
Just as examples: you can show you wrote email solicits to the Italian Consulate, or you can show they emailed you about the cancelation of Your appointment and they didn’t set another one.
Or you can also show the Calendar Form on the Online Booking System by showing screenshots.
Beware: this is not legal advice, and the information listed here might not apply to your case. Each situation is different and processed on a case-by-case basis.
That’s why it’s mandatory to hire only qualified Italian Citizenship lawyers.
Not just because only an Italian Lawyer can represent you at the Italian Court.
As soon as you have all the relevant information and proof, you can file your Italian Citizenship application at the Court for fighting your case.
Phase 2. The recognition of Italian Citizenship by descent because of no Italian Consulate Citizenship appointment.
Your Italian Citizenship Attorney will prepare and file your application at the Italian Court in Rome.
In around 30 days, the Court Clerk will register your case, and your lawsuit will have a Judge.
Judges are assigned randomly, so there is no way to know in advance who will Judge.
As soon as a Judge is nominated, they will set the hearing date.
Right now, the wait time for a hearing date is around one year and two months (that’s is way better than years of waiting, as the Italian Consulates).
At the hearing date, the Judge will review all documents proving your Italian heritage. And then, he will decide your case in few weeks.
Why will the Judge recognize my Italian Citizenship in this way? What is the legal basis? Concrete examples of past cases.
The Italian Laws concerning Italian Citizenship and administrative processes set this principle: all administrative procedures have to end in a certain period. And so, the Administration (as the Italian Consulate is) has to guarantee that.
Let’s see some concrete sentences by the Italian Court in Rome for understanding the legal basis of a favorable decision in your favor.
All cases and decisions are in the Italian language, but we translate the relevant piece.
Here we have a case from April 17th, 2018 – Italian Court in Rome.
The applicant was ready to apply for Italian Citizenship by descent. He tried to book an appointment at the local Italian Consulate, but it was impossible.
In that case, he could not book the appointment in a 2-year window because of too much backlog and applications.
So he applied to the Italian Courts in Rome, proving the impossibility to have an Italian Consulate Citizenship appointment.
He won the lawsuit, and the Judge motivated her sentence in the following way:
Which translated is: “…the elapsing of a limited period concerning the claimed interest, involving an injury however to the interest itself, is equivalent to a denial of recognition of the right, justifying the interest in resorting to judicial protection. In this case, the applicant did not apply for citizenship. Still, he requested only an appointment at the consulate for this purpose. Indirectly, therefore, it is reiterated that the Italian Consulate is bound to respect the terms of 730 days not from the formalization of the application but the first request by the descendant. Which usually happens many years before. “
So, in this case, the applicant proved that he couldn’t have an appointment in the next two years, according to the law.
The same case happened in 2018 through the Italian Consulate in San Francisco.
Again, the applicant (U.S. Citizen) was ready to apply for Italian Citizenship by descent. He tried to book an appointment at the local Italian Consulate in San Francisco. Still, it was impossible because there was no appointment.
He also won the lawsuit against the Ministry of Internal Affairs for the same reasons:
Which translated is: “The applicant has proven he tried to have an appointment at the Italian Consulate, but she was never convocated. The elapsing of a limited period concerning the claimed interest, involving an injury, however to the interest itself, is equivalent to a denial of recognition of the right, justifying the interest in resorting to judicial protection.”
Note: as we’re talking about a lawsuit, it’s essential to specify no granted results. Positive judicial precedents indicate good chances to win, but nobody can guarantee you a positive outcome.
These are only two examples of several judicial precedents on this matter.
As you can notice, these lawsuits were from 2018. So in pre-Covid19 times.
After the Covid-19 pandemic, the situation became even worst. So, we predict that all applicants for Italian Citizenship by Descent will consider this alternative option in the following years.
This is another reason why it’s (almost) mandatory to hire a qualified Italian Citizenship attorney to assist You in the entire process.
Getting qualified Italian Citizenship assistance is the only way to prevent (as best as possible).
Other ways to apply for Italian Citizenship by descent through the Court.
The solutions explained in this article are related to solving a common issue on the administrative process: the impossibility of having an Italian Consulate Citizenship appointment.
But there are other circumstances where you’re entitled to apply directly through the Italian Court and without passing through the Italian Consulate.
That’s the case of the so-called 1948 Case of Italian Citizenship.
Suppose you have a woman of your Italian heritage and had her child before 1948. In that case, you may be eligible for Italian Citizenship by Descent.
But your case has to be filed at the Italian Court. Only.