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.
Only recently, there have been cases brought before the Court for “lack of appointments”; the Consulates’ unreasonable delays, failing to provide an appointment, can now be viewed as a “denial of justice”, a condition for fast-tracking the case in front of the judge who will ultimately grant Italian citizenship. However, now that almost all Italian Consulates here in the U.S. have reopened their Calendars for appointments for Italian Citizenship by descent, this option may not be feasible for a lot of applicants.
While Italian Consulates in South America have a 10 to 12 year wait, Consulates here in the U.S. have a much shorter wait, which may not have enough grounds to petition the Italian courts for a "denial of justice", unless you can prove you have a family or medical emergency, or that family members who are applying with you are enrolled in a school. In addition, please note that to petition the Italian Courts, 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. We don’t just give advice, we handle all the purchasing and preparation of your entire portfolio of documents, whether you apply at an Italian Consulate here in the US or you apply in Italy (including 1948 Challenge Courts Cases). Our experience spans the past 20 years, and we have expert knowledge of what each Consulate requires, as well as what the Italian Courts require. TO GET STARTED AND FOR MORE INFORMATION, CLICK HERE.
Questions on how to get started? Book your FREE Consultation at your convenience HERE
You can also take our Italian Citizenship Quiz and learn if you qualify in less than two minutes!
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