Jure Sanguinis application issues incl. name and status discrepancies

[fromtheboot]

Hello,

My paternal great-grandparents were born in Sicily in the 1890s and emigrated to the US in 1915.

After a document pre-screening and three years on the appointment waiting list, I officially began my application for Italian citizenship by descent where I live in Berlin at the Italian Embassy in 2022. With the help of a hired Italian translator I submitted all of the required documents with apostilles and certified translations into Italian where necessary.

I am a US citizen. My paternal grandfather was born in the US in 1933. There is no record of US citizenship for my great-grandfather during in his life, and I’d already provided the Embassy with the required “certificate of no record of naturalization” from the US immigration authority and for all known names and aliases. However, while not initially required, I was asked to submit a certified and translated copy of the 1940 US census, which unfortunately stated incorrectly that my great-grandparents had already naturalized. As evidence against this, I submitted my GGM’s actual US citizenship record from 1954.

I also provided a certified copy of my great-grandfather's denied 1917 petition for US citizenship which clearly barred his naturalization over his decision to "exempt himself from US military service" in accordance with US law.

However, recently it was argued by the Embassy – four years after the 2019 pre-screening and appointment booking – that because ‘Carmelo’ (GGF’s birth name) and ‘Charles’ (signed by him years later) are different names, the Embassy would now require a “certificate of name change” which I doubt exists, or to have all previously submitted US documents be amended. The latter would require me to appear in several different US courts with separate “certificates of no record of name change”, and I’m not even sure I am eligible to amend some of the documents as a great-grandchild.

I have also called attention to the fact that an immigration clerk used my GGF’s birth name 'Carmelo' in the certified denied 1917 petition for US citizenship, yet my GGF had signed his name ‘Charles’ twice within the same document and others attached. However, the Embassy says this is not an explicit enough declaration and has asked for a separate certificate stating that Carmelo and Charles were the same person. I do not know where or how to request such a document.

It’s been 8 years since I began looking for my ancestral documents, and it seems that I’m now back to square one. I wonder whether I should now seek legal counsel or representation at this point. Any advice from members here would be greatly appreciated!

Best, R

[afecad]

I am going thorough my GGM because my GGF naturalized before my GF was born. I'm using ICA with my case and highly recommend them. Initially, it was believed I was going to use my GGF but after researching census records and noting that he declared “NA”, further research and documentation was required.

Eventually, they found his naturalization record at the county courthouse, thus ruling him out, but searches for my GGM all came back that she never naturalized and I had a 1948 case.

ICA was clear that all the dots from me back to my GGPs, had to line up. Plenty of spelling corrections and dealing with name changes proved to be extremely time-consuming.

I would recommend reaching out to ICA, they really were able to solve many issues with documents on my case that originally looked daunting prior to hiring them. Keep in mind that you may need a court order to change or correct some documents.

My GF’s name on his birth certificate, was incorrect and nobody including himself ever had it corrected. Since he is deceased, a court order was required and I had to retain a lawyer in the jurisdiction of the state to handle it. ICA recommended the lawyer but the costs are not included, so add that on plus the additional process time to get it through the system.

[BleeckerSt]

Hi @afecad,

I'm preparing to apply for Italian citizenship based on my GGF, who never acquired US citizenship. What is ICA? It sounds like they were very helpful in your case.

Thanks!

[JosephHarms]

Any update?

[s38tommaso]

Hi @afecad,

I'm preparing to apply for Italian citizenship based on my GGF, who never acquired US citizenship. What is ICA? It sounds like they were very helpful in your case.

Thanks!

ICA stands for italiancitizenshipassistance.com

They are one of the larger (if not the largest) agencies / law firms helping people through the process. I used them, and am happy with the result. They're not cheap, but I think they're well within the ability for most to plan and budget for over the course of 3-4 years.

[afecad]

Hi @afecad,

I'm preparing to apply for Italian citizenship based on my GGF, who never acquired US citizenship. What is ICA? It sounds like they were very helpful in your case.

Thanks!

ICA stands for italiancitizenshipassistance.com

They are one of the larger (if not the largest) agencies / law firms helping people through the process. I used them, and am happy with the result. They're not cheap, but I think they're well within the ability for most to plan and budget for over the course of 3-4 years.

I agree; they are lawyers, but much more than that, I do not think I'd be where I am now without them, and communication is beyond excellent. Nope, not cheap and I'm going from my 2020 start date, perhaps cost has increased but I do not know. They used to have tiered plans, but I'm unsure if that's the same. The good thing is you do not need to pay the total fee at once. I went with the top-tier plan because it was full service, and if I had to do it again, I would do it over with them.

Some fees are not covered in the plan, so take note.

[draughtagency]

Any update?

I understand you're busy, but I would appreciate a brief update

[fromtheboot]

Hi All, Thank you for your replies. I am still facing roadblocks due to the issue with the 1940 Census.

The Embassy says the 'Certificate of Non-Existence' of a record from USCIS isn't enough to prove that my GGF never naturalized, and I'm not sure what my options are at this point. I've asked USCIS if they could provide me with an official letter stating that censuses are not official citizenship records, and that only the USCIS has the authority. It's probably a long shot, so fingers crossed.