Italian immigration is one of the preferred options for Americans looking the start afresh. The primary reason is that the country offers citizenship by descent, and millions of Americans trace their roots in Italy. But claiming citizenship through your ancestral connections is not as easy as it sounds. Expect things to get complicated if your ascendant was a woman. The entire journey changes because you may not be able to apply through the regular Jure Sanguinis process. But you need not give up hope because you can still claim your citizenship rights through a different process. The 1948 Rule may apply, and you can read more on Bersani Law Firm website to know the rule better. Let us explain how Italian citizenship by descent differs from a female ancestor.
Timelines decide the eligibility
Your relationship with your ancestor is the mainstay of eligibility for the 1948 Rule just like the Jure Sanguinis process. But timelines play a key role in deciding your eligibility for either of the routes. You can qualify for Jure Sanguinis if your female ascendant gave birth after 1948. However, you cannot apply through it if she had a child before 1948 because women were not permitted to pass citizenship to the next in line before the year. The law was clearly discriminatory, so the Italian government came up with the 1948 Rule to address the legal flaw and gender bias.
Court v/s consulate
Another way the 1948 process differs from the conventional Jure Sanguinis route is it involves the court instead of the consulate. You have to leverage the judicial system by filing your application with the Italian court. Although you may consider it a daunting prospect, court proceedings are easier than you imagine. You can hire a local lawyer to handle the case and even represent you for the hearing. It means you need not travel to Italy for the hearings. You only have to provide a power of attorney to your lawyer to complete the formalities and oversee closure.
Paperwork is similar
Besides these differences, the paperwork remains pretty much the same regardless of the gender of your ancestor. Besides your personal ID proofs, you will require your ancestral documents from their comune to establish the link. It is perhaps the trickiest part, but a citizenship expert can help you with their connections and reach. Once you have the relevant paperwork, expect the court process to go smoothly. In fact, you have a chance of completing it faster than the consulate process because you can bypass the long waiting time and immigration queues at the consulate. There is hardly a reason to worry about claiming citizenship through a female Italian relative. You only need reliable assistance to navigate the journey.
Italian citizenship by descent does differ when a female ancestor comes into the picture, but it is not out of reach. You only need to assess your eligibility and pick the apt route depending on the year when your relative gave birth. Having an expert showing the way is a plus.
This article is contributed by Imala Green. She has been working as a senior content writer at Outreach Monks for the past 3 years. She holds her expertise in Legal writing, presenting laws and legal information to people in easy language.