Italy is among the popular immigration destinations for Americans. It is an incredible country with the best climate, lifestyle, healthcare and education facilities, and financial opportunities. More importantly, it offers diverse citizenship routes to aspiring immigrants. You can expect an easier way in with Italian roots as the country follows the Jure Sanguinis principle. It entitles you to citizenship by descent, but there’s a catch. You may miss out if claiming through a female ascendant. Thankfully, you can leverage the 1948 Rule if you do not qualify through the conventional route. If you want to know more, here you can read everything about the 1948 Italian citizenship in detail. Let us explain when you qualify for it and how you should proceed with the journey.
Know when your ascendant gave birth
Your eligibility for the 1948 Rule depends on the year when your female relative gave birth to the child next in line. Things are pretty straightforward if your mother was an Italian citizen. You can claim through Jure Sanguinis if born after 1948, but the 1948 Rule will apply if your birth year was before 1948. In the case of previous generations, you must check the year when she gave birth to the next in line. The same rule applies because women were not allowed to pass their citizenship rights to their offspring before the year. The Italian government implemented the rule to address discrimination against women.
Understand the court process
After deciding your eligibility, you will know whether you qualify for the conventional administrative process or the 1948 Rule. The latter involves a judicial process, where you apply in court instead of your local consulate. The idea of going to court to claim citizenship sounds daunting, but it is easier than you imagine. You may even get a hearing date sooner than a consulate appointment. But you must prepare your paperwork just like in the administrative process. Gather the evidence related to your ancestor from her local comune. Other documents issued outside Italy need to be translated and legalized to serve as valid evidence in the Italian court.
Collaborate with a 1948 specialist lawyer
Since the process involves court proceedings, you need a lawyer to represent your case. Hiring a 1948 specialist gives you an advantage. They have a good understanding of Italian immigration law and this rule. Additionally, they can even represent you during the court hearing. It means you need not spend a fortune flying down to Italy for the proceedings. Providing the lawyer with Power of Attorney is enough to take the case ahead. They can even help you with paperwork by ensuring no errors and omissions. You have better chances of getting a favorable verdict at the earliest with a specialist working on your case.
The 1948 Rule closes the gender gap in Italian immigration law. As an applicant, you can rest assured about getting your right regardless of the gender of your ascendant. All you need to do is follow the steps diligently and have valid evidence to establish your claim.