Lawyer Mario Tedesco
Lawyer Iure Sanguinis (Citizenship by descent)
Request a free consultation and find out if you are eligible:
- Italian citizenship
- Italian passport
- Free European circulation
Years of experience
The services
1948 CASE
The most frequent case occurs when in the line of Italian descent iure sanguinis there is a woman (either Italian or descendant of Italians) who together with a foreigner (“non-Italian”) has had a child born before January 1, 1948.
The use of the female line allows the request for recognition of Italian citizenship to be made viable in so-called cases of "minor issue" as the involuntary naturalization of women as a result of the naturalization of their husband is considered ineffective by the current principles of Italian Jurisprudence.
Lack of appointments trial
In some countries, such as Argentina, Brazil and the USA, Italian consulates have significant delays in the administrative sector. This results in long waiting times or even lack of appointments for those interested in obtaining recognition of citizenship. By demonstrating the serious delay or the lack of existing appointment at the consulate, it is possible to request the recognition of citizenship through the courts. In this case, it would be argued that the applicant is entitled to citizenship, but it is impossible to obtain appointments at the consulate. This type of lawsuit is now very frequent and is successfully concluded in all Italian courts.
The following steps
Although it is difficult to predict with accuracy, both in the case of an application for recognition of citizenship through the maternal route and in the case of applying for an appeal due to lack of turns, one can take as a guide the existing average decision time in already concluded proceedings, which is currently about 18/24 months.
Power of Attorney, Documentation and Formal Complaint
Once the contract is signed, the interested parties must grant a power of attorney “procura alle liti” to Dr. Tedesco so that he can represent them before the Italian courts. Along with this, they must provide all documentation to prove descent. Dr. Tedesco then reviews step by step all the documents that will make up the dossier, pointing out the need for corrections, clarifications and additions. At the end, he files an appeal in the competent court in order to obtain the recognition of citizenship.N
Court Registration and Judge Assignment
The case is registered in the corresponding court and then transferred to a special section of the competent court, which assigns a judge in charge of the case.
Hearing and Sentencing
The judge on duty is in charge of auditing the case and its documentation and then issues a judgment. If at this point the Italian state does not contest or does not contest the same, the judgment is declared as a fact.
Consulate, AIRE and Passport Registration
Once the sentence is issued, Dr. Tedesco requests the “passaggio in giudicato” certificate that allows the interested parties to register their sentence at the competent consulate and the civil status certificates of the new Italian citizens at the Civil Registry of the Italian Commune of birth of the Avo. The newly declared Italian citizens will have to apply for their registration at the AIRE registry to access their Italian passport.