L'Italo-Americano

THURSDAY, NOVEMBER 16 2023 www.italoamericano.org 30 L'Italo-Americano F or many Italian Americans, the p r o s p e c t o f acquiring Italian c i t i z e n s h i p i s a deeply personal and appeal- ing journey, connecting them to their heritage and opening doors to new opportunities. However, navigating the com- plex bureaucracy of citizen- s h i p a p p l i c a t i o n s c a n b e daunting. Fortunately, there are experts and organizations dedicated to simplifying this process, just as Italian Citi- zenship Assistance (ICA). ICA offers comprehensive assistance in obtaining Italian citizenship, whether it's by descent, marriage, or residen- cy. With a skilled team of lawyers, genealogists, and translators, ICA ensures that each aspect of the application process, from document pro- curement to legal formalities, i s h a n d l e d m e t i c u l o u s l y . Their services are tailored to meet the unique needs of each applicant, making the journey towards Italian citi- zenship as smooth and has- sle-free as possible. L e a d i n g t h i s d e d i c a t e d team is Marco Permunian, Attorney and Founder of ICA. A University of Ferrara law graduate, Marco possesses extensive knowledge in both Italian and US citizenship and immigration law. His expertise is particularly rele- vant in understanding and navigating the complexities of the 1 9 4 8 R u l e , a pivotal aspect of Italian citizenship law that affects many appli- cants. Today, L'Italo-Ameri- cano explores with Marco the nuances of the 1948 Rule, its historical background, and its current implications for those seeking Italian citizen- ship. Some of our readers may not be familiar with the meaning of the 1948 rule and its implications for those who'd like to become Italian citizens. Could you tell us more about it? Italy's constitution was established on January 1, 1 9 4 8 . T h i s g r a n t e d e q u a l rights to men and women and allowed women to pass on Italian citizenship to their children. Ever since the citi- zenship law of 1912, women could not do this. The 1912 law was intended to ensure that the children of Italian immigrants could still keep t h e i r I t a l i a n c i t i z e n s h i p , despite being born on foreign soil. However, they could derive citizenship only from men. A 2009 ruling from the Italian Court of Cassation established that the 1912 citi- zenship law was violating the 1948 Italian constitution. Furthermore, it was estab- lished that this new ruling was to be applied retroactive- ly. This meant that citizen- ship cases involving a female ancestor who gave birth to the next-in-line before Janu- ary 1, 1948, could be brought before the Italian courts. H o w d o 1 9 4 8 c a s e s apply to a person's ability to request Italian citizen- ship? Technically, it is still not possible to obtain Italian citi- zenship via an administrative process from a female ances- tor who had the next-in-line before Italy's constitution was set. In practice, though, thanks to the precedent set by the Court of Cassation in 2009 it is possible to obtain citizenship via the Italian courts. That said, this does not mean that the law itself h a s c h a n g e d . R a t h e r , t h e precedent means that all citi- zenship cases involving the 1948 Rule must go through the Italian courts, as the Ital- ian consulates and munici- palities will still reject them. There is still no guarantee that such citizenship cases will be successful, but the m a j o r i t y h a v e b e e n s i n c e 2009. Recently, it used to be the case that such applications were exclusively heard before t h e C o u r t o f R o m e . T h a t changed as of June 22, 2022. Now they must be heard in the court of the municipality where the Italian ancestor was from, thus taking some of the weight off Rome and allowing for a faster process- ing time. Each court, though, still has different timelines for handling applications. In terms of the application itself, it does not differ much from regular citizenship by descent applications. Vital records, and naturalization or proof of non-naturalization r e c o r d s , a l l n e e d t o b e obtained, Apostilled, and translated into Italian. When applying through a court in Italy, though, the translations need to be certified, whereas the consulates will usually do certifications themselves. There is also the cost of filing a lawsuit, which is €545. Based on your experi- ence, has there been an increase of citizenship request s based on t he 1 9 4 8 r u l e , a r e p e o p l e descending from Italian w o m e n w h o m o v e d t o America aware of this possibility? T h e r e h a s b e e n a g r e a t i n c r e a s e i n c i t i z e n s h i p requests, yes, but primarily due to ever-changing dynam- ics, such as the health crisis, politics, and the increased popularity of remote work. We have seen a huge number of applicants since 2020. Now, this doesn't necessarily relate to the 1948 Rule, but it does seem that the increase in applications has therefore led more people to be aware that Italian citizenship by descent is more possible than perhaps previously thought, even for those with a female line. L a s t l y : t e l l u s m o r e about how you can sup- port our readers through t h e i r j o u r n e y t o w a r d b e c o m i n g I t a l i a n c i t i - zens… Here at Italian Citizenship Assistance, we have helped hundreds of people obtain Italian citizenship through descent, and that includes numerous 1948 cases. We provide a free phone consul- tation to assess your eligibili- ty and tell you more about our services. For court cases, we can also act with power of attorney. This means if you are unable to come to Italy for your application, we can file the case and represent you in court. We can assist you in both obtaining the documents for the applica- tion (both in Italy and the U.S.), as well as filing the petition. Even once citizen- ship is approved, we can help with registering for A.I.R.E. (Registry of Italian Citizens Residing Abroad) as well as a p p l y i n g f o r y o u r I t a l i a n passport. No matter what your situation is or the level of involvement you'd like, we can tailor our services to your needs. We also run "The Italian Citizenship Podcast," which t a l k s i n d e p t h a b o u t a l l aspects of applying for Italian citizenship, including the 1948 Rule and court cases in general. It, along with the many blog posts on our web- site, provides thorough infor- m a t i o n o n t h e s u b j e c t , though we're always free to answer any questions you might have. The path to becoming Italian: understanding the 1948 Rule with Italian Citizenship Assistance expert guidance STAFF Marco Permunian (left, while recording his podcast) is the founder of Italian Citizenship Assistance. He is specialized in Italian and US Citizenship and Immigration Law (Photos courtesy of Italian Citizenship Assistance) LIFE PEOPLE PLACES ADVICE

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