Italy is one of the top immigration destinations for Americans. The popularity stems from valid reasons, such as an excellent lifestyle, great financial opportunities, and multiple citizenship routes. While you can claim citizenship through your ancestral roots in the country, things can get complicated if your ancestor is a woman. You have to look beyond the conventional Jure Sanguinis process and opt for a court process under the 1948 Rule. If you want more information about this option, here you can read everything about the 1948 route in detail. The process may sound challenging due to the judicial involvement, but it is relatively simple. Let us explain how you can leverage the 1948 Rule to claim Italian citizenship.
Eligibility depends on the date your ancestor gave birth
According to Italian law, women could not pass on their citizenship to their children before 1948. Since the law was discriminatory, the government decided to implement the 1948 Rule to address the concern. The year your female ancestor gave birth defines your eligibility for the rule. If your mother was an Italian and you were born before 1948, you qualify for the court process. Conversely, Jure Sanguinis will apply if you were born after this year. Applicants qualifying through a female ancestor have to verify the year when the woman gave birth as the rule will apply accordingly.
The court process need not be daunting
Going to court for citizenship sounds daunting compared to the conventional administrative route with the consulate. But you need not worry because the process is straightforward. You can even get through without being present for the hearing personally. The other good thing is that you may skip the long queues for second citizenship at the consulate. The hearing date can come sooner than the administrative route. Also, the documents you require for validating your ancestry remain pretty much the same. You will need certificates of birth, marriage, and death of your female ancestor from her commune in Italy. The non-Italian papers have to be translated and legalized as with the Jure Sanguinis process.
A specialist lawyer can show the way
Since the 1948 Rule involves a court process, you need a lawyer to represent you. Ideally, you must get a specialist with a good understanding and experience of this citizenship option. They have better chances of getting you through successfully, so check their track record before going ahead. Having local legal assistance gives you more benefits. These professionals can help you procure Italian documents related to your ancestry. Additionally, they can act as your legal representative at court hearings if you cannot fly down to Italy. You only have to give them Power of Attorney to play the part. You can save a fortune by skipping travel and accommodation expenses when a local lawyer handles the proceedings on your behalf.
Claiming citizenship by descent through a female Italian relative requires a different perspective. But it need not be challenging, provided you know your facts and have the right professional handling the legal process for you.