This is a great question; the rising number of applicants and the delays caused by the Pandemic are part of the reason why appointments for Italian Citizenship by Descent are so difficult to find. In addition, many of you who have already submitted your application, may still be waiting for a response from the Italian Consulate after two years.
Italian Consulates have been flooded with new applications jure sanguinis and do not have enough resources to meet this growing demand; consequently, a huge backlog of applications is sitting at the Consulates still unfulfilled. In accordance with Art. 3 D.P.R. 362/1994, Italian Consulates have up to TWO (2) years to process an application and provide a response.
The good news is that you have the option to obtain Italian Dual Citizenship by submitting a claim for “denial of justice” before a judge in the Courts in Rome.
NOTE: Until now, only those who had been denied citizenship or did not receive a response from the Italian Consulate within the 2-year period after submitting their application, could bring their case before the Courts in Rome.
However, only recently, there have been cases brought before the Court for “lack of appointments”; the Consulates’ unreasonable delays, failing to provide an appointment within the next two years, are now viewed as a “denial of justice”, a condition for fast-tracking the case in front of the judge who will ultimately grant Italian citizenship.
We are all too familiar with the PRENOTA online booking system that all Italian Consulates offer and the frustration of logging in multiple times a day, or around 6PM ET, or in the wee hours of the morning with the same result: no “green” slots available. Despite having launched a new online booking system called “PRENOTAMI” last June, appointments for Citizenship by Descent are still hardly available and, in some cases, the calendar is booked solid up to 2025! The situation is even worse for those Italian Consulates that have been closed for longer than 18 months since the start of the Pandemic and no information is given on when they will re-open for appointments for Italian Citizenship by descent.
Please note that to petition the Courts in Rome, it is imperative to prove that the applicant cannot book an appointment at the Italian Consulate that has jurisdiction over the State where he or she resides.
Screenshots of the page attesting the impossibility to book an appointment, taken every day for several weeks at different times, is advisable.
If Consulates are closed, copies of their automated response stating the reason why they continue to be closed is also required.
There are also cases where your appointment was cancelled, and no substitute appointment was set and/or no other option was given (such as submitting the document portfolio by mail). This notification from the Italian Consulate sent by email can be presented to the Court as evidence.
These court proceedings are very similar to the 1948 Cases and the Involuntary Citizenship of Female Ancestors by virtue of marriage. The Timeline from the moment the claim is filed in Court and the Final Judgement is issued may be between 16 and 24 months, but it is really based on the judge’s calendar. NOTE: This timeline does not include the time it takes for applicants to put together their entire document portfolio.
My Italian Family TOGETHER with Mazzeschi, our affiliate Law Firm in Italy, can assist you. During our years of collaboration, we have successfully helped many applicants like you, fulfilling their dream of becoming Italian Dual Citizens.
Questions on how to get started? Simply call us at 1-888-472-0171 (Option 1) Monday through Friday, 8:30AM to 6:30PM ET and Saturdays, 8:30AM to noon ET.
Alternatively, you can book your FREE 15-minute consultation at your convenience: https://calendly.com/myitalianfamily
You can also take our Italian Citizenship Quiz and learn if you qualify in less than two minutes!
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