Do I have a route for a 1948 case?

[curt_k]

I'm trying to figure out if I have a good 1948 case. This stuff has gotten confusing!

I've had no luck getting an appointment at my local Italian consulate and for the next few years it's not going to be possible for us to live in Italy long enough to apply there.

So I'm wondering if I have a good 1948 case. Here's my line of descent:

My great-grandmother (and GGF) were born and married in Sicily in the late 1800's.
They moved to the USA in the early 1900's and I'm pretty sure they never naturalized.
My grandfather was born in the US in 1905.
My mother was born in the US in 1940.
I was born in the US in 1970.

Via the consulate or comune, I was planning on going through the line of GGF, GF, mother.

But does it look viable to argue the line of GGM, GF, mother, with the citizenship link between my GGM and GF being a 1948 case?

Thanks for any sanity check on this!

[emdisney]

it's crucial to verify whether your GGM was still an Italian citizen when your GF was born. If your GGF and GGM had naturalized before your GF's birth, it might impact the eligibility for Italian citizenship through this lineage.

[mler]

Unfortunately, no, the reason being that you have a consular option. Italian 1948 lawyers will not take 1948 cases if there is a consular option.

There is actually a legitimate reason for this. The 1948 cases petition the courts to award citizenship recognition to applicants who, because their Italian ancestry goes through a pre-1948 female line, are subjected to discrimination at the consulates. Those who qualify through the consulates cannot claim discrimination because they are eligible using the standard application procedure.

Very many of the applicants who qualify through a male line can (as you) claim eligibility through a pre-1948 female line. To allow such applicants to petition through the courts would create havoc in an already heavily burdened court system.

Keep trying. You will ultimately get an appointment.

[curt_k]

Thank you! I think that's what I was wondering about but I couldn't articulate.... That makes good sense all around. Thanks again

[Jpgriffin1994]

Am i missing something, do you even need a 1948 case? Is this just because you're having a hard time scheduling through your consulate?