1948 Case with Luigi Paiano

[manu]

I just received the receipt from court (from Luigi) meaning the request for a court date has been sent. Now waiting for the first court date to be set. I'll hopefully be able to go (if just to see what the process is like).

@paisano1976 yes, I do believe you should contact him, if you've been told that the 2nd scenario isn't viable. In either scenario your mother "cuts" your eligibility, so it becomes a 1948 case.

[unicorn]

Hi everyone! I think I've been lucky. My favorable sentence was published just five months after the case was filed . There was no second hearing, so I was surprised when I read there was someone who's been through that

Now I've been told that we have to wait 7 months and a half for the sentence to become definitive (strange, I thought it was 6 months). Has anyone here won the case, waited for that period for the sentence to become definitive, and been to the consulate to get the passport? I want to believe that all of this is true and that in some months I'll be able to have that passport in my hands

[dojo]

@paisano1976 did you show both lines to the SF consulate? It looks like your 2nd line should work. Your mother was born before 1948, yes, but she received the right to citizenship from your great-grandfather and grandfather. However, she could not pass on italian citizenship until 01/01/1948 (of course she couldn't either because she was only 3). Seeing as you were born after 1948, it would appear you are eligible under this line. If the line were You-Mother-Maternal Grandmother-Maternal Greatgrandfather (your first scenario) or You-Mother-Maternal Grandfather-Maternal Greatgrandmother, then you would be a 1948 case. The 01/01/1948 date put into effect the new constituion and gave women the right to pass on citizenship on this date. Since both ancestors before your mom are men, they passed on citizenship to her; and in turn she passed on to you since you were born after 1948. I hope that makes sense. Maybe send an e-mail to another consulate to see what they say.

@manu best of luck, it took about a month and a half for mine to be set. maybe yours will be around the same time as mine in September.

@unicorn congratulations! the wait time, I believe, is 6 months and 45 days (not sure if it's two separate periods or what). So the 7 and a half months is right. There are several people who have received their passports as well on these boards, hopefully we will both be joining them soon!

[manu]

@dojo Thanks a lot! Following your timeline I should get the court date back right in the middle of May and hopefully a court date for September. My fingers are crossed. I really hope everything will be sorted out soon

[mauro.bortoni]

@dojo..... also my court date has been changed twice all ready. Did Luigi gave you an explanation on why the court date has changed? I really did not understand him.

[dojo]

@mauro The first time the date was changed for my case was when it changed judges. Not sure why it changed judges though. It only delayed it by one day. Now, the new judge delayed the case until mid-September. Unfortunately, Luigi hasn't given a reason for the delay. Just that the judge delayed the case...

[mauro.bortoni]

@ Dojo...Thats exaclty what he told me.

[Peter Sockler]

Hi everyone! I'm new here but I am also currently using Luigi as my lawyer for the 1948 rule. Today was my first court date and Luigi told me that the judge said there was no need for more meetings and that the judge will "deposit the decision in the Court Secretary." He then said "It will be some months of waiting which is usual for the deposit of the decision, I will inform after it is deposited."

So, I was just wondering if anyone has been at this point and knows how long about this will take? And what you think the outcome of the decision will be? I am a bit nervous because I saw unicorn's post above who said they also did not need a second meeting but that they had a favorable decision. Any advice or insight would bbs appreciated! Thank you!

[manu]

Hi Peter, welccome.

It's great that there's no need for a second meeting. I'm positive the outcome of the decision will be favorable (given Luigi's track record and everythng that's been mentioned before)

How long did you wait until you got the court date? And how long after that was it? Think you could provide a timeline?

Thanks!

[mauro.bortoni]

@dojo.... Luigi has responded, the reason is that the judge can delay the court date due to organizational purposes of his work. Also the judge has no obligation to notify the reason for which he has changed the court date.

[dojo]

@Peter Welcome to the forum. I believe Luigi is conservative with his estimates. Usually it takes about 1 month for the decision (from what i've seen). As manu said, since there is no need for a second hearing then you will most likely be successful in your decision.

@mauro Interesting there are no reasons given. Well hopefully there are no more delays...

[Peter Sockler]

@dojo, @ manu - thank you very much! I'm very happy to hear you think it is a good sign, gives me much relief!

The timeline of my case is as follows:

August 2014-
I sent all of my documents to Luigi. And then in turn he gave them to Ms. Borlotti. I had done the translations myself and sent the word files to Ms. Borlotti previously and she was kind to give a reduced price as she would just have to do the sworn translations and correct any errors. (So, if anyone is looking to save costs you can ask to do that ) I just checked my email and she delivered them to him with all sworn assertions on the 28th of August 2014. Luigi emailed me to say he received them and I think I made my first payment during that week as well. My first payment was 50% so 3,000 EUR. My trial is myself, my dad and my brother. I am 21 so I obviously am not a minor so I had to be on it but as my brother is 17 I was afraid of him turning 18 before the decision was made so I just put him on anyway.(His 18th bday is in Sept). My parents don't really know what I'm doing because they would think I'm crazy so I have left the whole trial part out of getting Italian citizenship. I had also called the NY consulate and explained I was using Mr. Paiano and they said that my mom could get it once my dad did since they've been married 25 years and that also my 12 year old brother could get it upon my dad getting it.

November 3, 2014-
Luigi notified me that my first court date would be April 23, 2015. It was a long time from then and I asked if it there was any possible way it could be sooner and he said no lol. The judge I was assigned is Donatella Galterio.

February 28, 2015-
Paid second payment. This time it was 'just' 1250 EUR.

April 20, 2015-
I had a Skype phone call with Luigi. I was basically trying to get answers out of him about when the final decision will come out etc. and if a second court date would be necessary and he said "Peter do you know how long you will live" and I said I have no idea and he said exactly anything can happen it all depends on the judge, their schedules etc. It was the first time I had ever spoken live with him, he is really funny and friendly. He was saying on average it takes them less than 10 months to schedule a second court date. Then like 6 months to register birth certificates in the comune where my great-grandparents emigrated from. So anyway he said he would let me know what happened on April 23 and I thanked him and waited until the 23.

April 23, 2015-
Luigi emailed me saying that there was no need for a second trial date and that he would let me know of the decision once it is deposited with the court secretary, Which could take "some months." I was nervous that the decision didn't occur on the trial date So I was doing research on these forums and decided to sign up and ask you guys, thanks for your help and guidance!!

The path I am going through is GGM-GM-F-myself. Both of my great-grandparents emigrated from Maddaloni, Caserta, Campania in 1912 to New Jersey. Unfortunately, before my grandmother was born in 1930 my great-grandfather naturalized as an American citizen, but Luigi said I could still go through my great-grandmother, so that is why I am here I was lucky enough to visit Maddaloni last month and did some genealogical research on my great-grandparent's families and even found their old houses and went to their former parish. It was so cool! And everyone there was so friendly!

Sorry for the reply long post just wanted to put in as much detail as possible.

Have a great weekend

Peter

[manu]

@Peter wow, thank you for such a greatly detailed reply. Gives me a particular idea on how long I'll wait until my case is (hopefully) done. My timeline starts on Feb. 2015, when I delivered the documents, already translated and apostilled.

Now awaiting a court date.

My path is simple: GM-M-Myself. My grandmother was born in Cosenza in 1909 and came over, got married to my grandfather in 1944, which according to my home country's laws it's grounds for instant naturalization. Even though my great grandfather was a Consul back in the day, it wasn't much help for when my family decided to pursue our cittadinanzi. My grand-aunts are all italian and got everything sorted through the Consulate in some form or another. I took it upon myself to gather all of the documents, translate and deliver them. Now I'm just waiting for the court date to be set.

Not meaning to count my chickens before they hatch, but I'm now wondering if there would be any way to expedite document registration at my comune, given that I have family over there who could help me or I could even travel myself (as I'm in nearby Barcelona) so that I could either get the carta d'identita or passport issued. Any thoughts?

[dojo]

@Peter thank you for the detailed resposne. my case seems to be very similar to yours. I started the process around the same time as well. but as Luigi says, it all depends on the judge. my first hearing was supposed to be in march but it changed judges, and then got delayed until september unfortunately. we just have to be patient and let luigi do what he does best. i wish he could speed things up though!

@manu i've heard of people who had relatives in the comune still, and they would go to the anagrafe or would know someone at the anagrafe to help expedite the birth certificate registration. from what i've been reading, it usually takes less than a month for the comune to register the birth certificates. (there have been horror stories of it taking a lot longer though). if you've requested your ancestors birth certificates from there, you can get an idea of how efficient they are. luckily, mine was rather quick. it only took about two weeks to receive my ancestors birth certificate from the day I mailed it. so they processed it within a couple days I would assume (because it probably took a a week to mail each way). i'm hoping they will do the same with registering mine. i've thought about sending a handwritten letter if/when my case if successful to let them know I have been successful and to expect my documents (when I requested my ancestors birth certificate, I said it was for obtaining citizenship). you could always go there personally with your documents and see if they can register you on the spot and issue a carta d'identita. (probably would be a good question for Luigi)

[Peter Sockler]

@manu Interesting! Good luck with your court date. Is your home country Spain? I was also wondering if it is possible to do it yourself/have someone else do it for you in the comune.


@dojo oh cool! Are you also going through a great-grandparent? Wow, I'm sorry it got delayed so long. I guess it really does depend on the judges though. I know what you mean, maybe you could ask him again? For registering in the Comune, can a friend bring the required documents to do it? And if so, would they be able to do it faster than Luigi would be able to? I am a bit confused about this process still, thank you!