New 1948 Case Law

[afecad]

Not sure if this is old news, but there was a new law passed last year in Italy for 1948 cases, The Rome Court requirement as of June 2022 will no longer be the case and you can file in the region your ancestor was born. This may speed things up in the process.

https://www.youtube.com/watch?v=CcWKkenGWfY&t=690s

[JTSD20]

Thank you for posting this. As a client of ICA I have binged watched all of these videos lol but I wanted to highlight something that people are speaking about in the comments: The rulings of the Court of Rome have been fairly consistent. Do we anticipate that the judges in the commune courts will rule the same way?

I expect my documents to be complete for filing right on the cusp of this law taking effect. My commune would be Naples I believe (my ancestors were born in nearby Benevento).

[qualdom]

Thank you for posting this. As a client of ICA I have binged watched all of these videos lol but I wanted to highlight something that people are speaking about in the comments: The rulings of the Court of Rome have been fairly consistent. Do we anticipate that the judges in the commune courts will rule the same way?

I expect my documents to be complete for filing right on the cusp of this law taking effect. My commune would be Naples I believe (my ancestors were born in nearby Benevento).

I've been thinking about that as well. Perhaps other jurisdictions will have a more negative opinion towards jure sanguinis cases and be inclined to rule unfavorably.

Would you rather having a deportation hearing presided over by a judge from San Francisco or from Arizona?

[JTSD20]

Thank you for your thoughts on this @Qualdom.

I'm currently working on getting the last 3 documents I need, then potential amendments to records, then apostilles, then translations, and then for ICA's lawyer to write the argument and submit the case. I may very well miss the cut-off. I'll pray that Napoli is kind to me.

My Italian born mother lost her citizenship as a teen when her parents naturalized in the US so I'm going through my 2x great grandma on my dad's side with a 1948 case. Oh how I wish the 1992 dual citizenship law could be retroactive like the 1948:(

[afecad]

Thank you for posting this. As a client of ICA I have binged watched all of these videos lol but I wanted to highlight something that people are speaking about in the comments: The rulings of the Court of Rome have been fairly consistent. Do we anticipate that the judges in the commune courts will rule the same way?

I expect my documents to be complete for filing right on the cusp of this law taking effect. My commune would be Naples I believe (my ancestors were born in nearby Benevento).

I'm using ICA as well, no mention of this directly, but I'm not currently at the stage in my case and it looks like anything that is filed will come after that date mentioned. Appears it could induce many new people into the system that may or may not have ever handled a case, compared to Rome which was the sole entity. Mine would be in Catanzaro if so.

ICA wasn't sure if I was a confirmed 1948 case, but since my great-grandfather marked "NA" on a couple of census records they focused on my great-grandmother and documentation. All documents have been collected for the most part, supposedly my great-grandfather did naturalize as documents were found, awaiting the scans. My great-grandmother was "no record found" so 1948 it is and fingers crossed it goes as planned, ICA has a great track record with 1948 cases, but nothing is guaranteed and this may complicate cases for many.

[JTSD20]

That's so true. Hopefully if someone gets denied in a commune they can appeal in Rome. In ICA's video they didn't address this concern so hopefully they are confident that commune judges would take prior case rulings from Rome into consideration.

[shufflewise]

Not sure if this is old news, but there was a new law passed last year in Italy for 1948 cases, The Rome Court requirement as of June 2022 will no longer be the case and you can file in the region your ancestor was born. This may speed things up in the process.

https://www.youtube.com/watch?v=CcWKkenGWfY&t=690s

I appreciate you sharing this. I'm investigating the information you sent as well. It appears that more details have been added to the information recently.

[s38tommaso]

Hey all, I wanted to weigh in given that I'm currently waiting on the result of my 1948 case hearing which took place in the court of Potenza. I have to assume I'm one of the early cases that is being heard outside of the court of Rome, and perhaps even the first in the jurisdiction of Potenza. If anyone knows of any other examples/cases in Potenza, I'd be interested to hear of them.

My hearing was on October 18th, the judge is Filippo Palumbo. As of this writing, they still have not ruled. There was an annotation (or note) made on the case on December 2nd, the contents of which are not known. I reached out to my lawyer/agency (also ICA, as it seems others in this thread are using as well) and they confirmed that there's not a way to see the annotation's contents. If anyone has any ideas or thoughts there, happy to hear them, understanding that it's all speculative.

At first I was excited at the prospect of cases being distributed throughout the country rather than all being heard in Rome, as I thought that would speed up the process. Indeed, when I received my hearing date, it was less than 6 months out at the time. But as I've learned about the potential downside of loss of consistency in ruling, I'm starting to feel more nervous, especially now that it's been 3 months since the hearing and I'm still without answer.

When I asked ICA what their feeling was regarding the strength/completeness/complexity of my case, they indicated that it was not exceptional when measured against many of the cases that they won a positive result in against the court of Rome, but that we're now in uncharted territory and that track record no longer carries as much weight. I'm keeping my fingers crossed, and I'll update this thread as soon as I see any changes to my case.

Additionally, are we getting any word of results of cases in other jurisdictions, throughout this forum or elsewhere, or any announcements from ICA or other firms as to changes in their success rates thus far?

And if anyone has any questions they'd like to put to me about my case/experience, I'll be happy to try and answer them.

@afecad @JTSD20 @qualdom @shufflewise

[HSH22]

Hey all, I wanted to weigh in given that I'm currently waiting on the result of my 1948 case hearing which took place in the court of Potenza. I have to assume I'm one of the early cases that is being heard outside of the court of Rome, and perhaps even the first in the jurisdiction of Potenza. If anyone knows of any other examples/cases in Potenza, I'd be interested to hear of them.

My hearing was on October 18th, the judge is Filippo Palumbo. As of this writing, they still have not ruled. There was an annotation (or note) made on the case on December 2nd, the contents of which are not known. I reached out to my lawyer/agency (also ICA, as it seems others in this thread are using as well) and they confirmed that there's not a way to see the annotation's contents. If anyone has any ideas or thoughts there, happy to hear them, understanding that it's all speculative.

At first I was excited at the prospect of cases being distributed throughout the country rather than all being heard in Rome, as I thought that would speed up the process. Indeed, when I received my hearing date, it was less than 6 months out at the time. But as I've learned about the potential downside of loss of consistency in ruling, I'm starting to feel more nervous, especially now that it's been 3 months since the hearing and I'm still without answer.

When I asked ICA what their feeling was regarding the strength/completeness/complexity of my case, they indicated that it was not exceptional when measured against many of the cases that they won a positive result in against the court of Rome, but that we're now in uncharted territory and that track record no longer carries as much weight. I'm keeping my fingers crossed, and I'll update this thread as soon as I see any changes to my case.

Additionally, are we getting any word of results of cases in other jurisdictions, throughout this forum or elsewhere, or any announcements from ICA or other firms as to changes in their success rates thus far?

And if anyone has any questions they'd like to put to me about my case/experience, I'll be happy to try and answer them.

@afecad @JTSD20 @qualdom @shufflewise

I also have a cause at the court of Potenza with the judge Filippo Palumbo.

I would love to hear about your cause which I hope is progressing well.