In the first step, we present our law firm to our clients. Doubts are answered about the procedure, payments, correction, deadline. We make sure that customers know our skills and we leave several channels open for contact. Our Italian lawyers working via WhatsApp, email and conferences via video calls.
The client sends the certificates in the FULL CONTENT of all documentation found in USA, Canada, Australia, Argentina or Brasil. Italian birth, Death Certificate, Marriage Certificate (if you were married in Brazil or Italy). Descendants: Birth and Marriage. Analyzes will be carried out on who transfers citizenship, year of birth and marriage.
After analyzing the documents, customers are informed whether or not there is a need to rectify the documents. After that, the client needs to translate and apostille the documents.
Our lawyers develop a special power of attorney in english that needs to be signed by all applicants (interested) in obtaining citizenship. It also needs to be apostilled and translated.
With the list of certificates and powers of attorney ready, apostilled and translated, the client sends the documentation to our Italian law firm based in Milan, Italy.
We act in all Italian courts and the Court of Cassation (Italian Superior Court). The client's case is carefully analyzed so that action can be initiated in the Competent Court. Now citizenship processes are no longer concentrated in Rome, but in various Courts across the country.
The initial petition is prepared with the individualization of each interested party in the process. Once deposited, procedural acts are carried out until the hearing. The client is fully represented in all procedural acts. Hearings are held in all courts. Afterwards, the judge makes the sentence.
Once the decision has become final (at sentence or level of appeal), the documents and certificates are sent to the Comune responsible for transcribing the documents. Each client will have their birth and marriage certificate registered and issued. This documentation is sent to customers for subsequent entry into AIRE.
STEP BY STEP TO OBTAIN ITALIAN CITIZENSHIP
Every day there are more interested parties and more clients, resulting in more cases and results for our office.
However, for clients who are unsure of how to get started, we highlight the step-by-step process for obtaining citizenship through the courts
1) Preparation of documents:
A) DOCUMENTS OF THE APPLICANTS : Collect all the documents from your ancestor to the applicant who wishes to obtain citizenship. These documents are: birth, marriage and death certificates.
If there has been a divorce in the ascending line and you are not one of the applicants for citizenship, you only need to register the divorce. On the other hand, if you are one of the applicants (initial petition, minutes of the hearing, judge's judgment or homologation of the agreement, final and unappealable judgment certificate, translated and apostilled. If the divorce was carried out at a notary's office, the 2nd copy of the public deed of divorce carried out at the notary's office must be submitted.)
All these translated and apostilled documents.
*The apostille of the American document is done in the USA. If the translation is also done in the USA, it needs to be apostilled. If the document is translated in Italy, it (the translation) does not need to be apostilled.
At this stage, in order for us to check whether or not the client's documents need A rectification before the process begins in Italy, it is important to send them by email so that our office can carry out a thorough analysis. In order to do this, the client needs to email all the certificates that have been drawn up at the notary's office.
TIP: Do not translate or apostille your certificates without having a legal expert in Italy check them, so as not to incur unnecessary duplicate costs.
B) DOCUMENTS OF THE ITALIAN ANTENATE:
- Birth or baptismal certificate if there has been no civil registration (in the past, civil registrations took place in parishes).
- The Italian's marriage certificate*
* If the Italian married in the USA, the marriage certificate must be translated and apostilled. If the Italian married in Italy, it does not need to be translated or apostilled, as it is fully valid on Italian territory.
- Negative Naturalization Certificate: needs to be translated and apostilled.
Our law firm is also involved in this stage, helping clients search for certificates in Italy. This is how we bring you the complete solution to make your dream come true.
2) SENDING THE POWER OF ATTORNEY FROM OUR OFFICE
In order to initiate legal proceedings against consulate queues, paternal and maternal citizenship, it is necessary for the Italian lawyer, attorney-in-fact and their representative to be duly represented in the proceedings.
The power of attorney, whether for an individual participant or a family group, must be signed by all family members.
Once signed, the power of attorney will be taken to be notarized.
The public or special power of attorney must be signed by all participants, duly translated and apostilled.
Once all the documents have been obtained (with any necessary rectifications) they will be sent by international mail to our office in Milan.
3) SENDING THE DOCUMENTS TO ITALY
Clients send the documents to our office to begin the judicial phase.
4) JUDICIAL (PROCEDURAL) PHASE
The team of lawyers who carried out the initial analysis of the documents will deal with your case by preparing the JUDICIAL ACTION, analyzing the specific case. Depending on the type of case, maternal, paternal or against Consulate queues, the reasons for the action are different. In addition, the competent court for your case is analyzed beforehand.
That's why you need to choose an Italian lawyer you can trust and who is qualified for this purpose.
Once the case has been filed with the court and the costs have been paid, the case number is given to the lawyer who forwards it to the client after a few days. Through the Giustizia Civile app, the client can follow the stages and progress of the case.
After a period of time, the judge of the case is determined, who will then schedule the hearing, which can be replaced by the presentation of memorials.
The State is defended by the Avvocatura dello Stato, which must present a defense in the case, otherwise it will be contumacious.
After the judge's assessment, the sentence is published. Once the period for lodging an appeal has expired and the appeal has not been lodged with the relevant notifications, the case becomes final.
After the final judgment has been passed, the court is required to issue a certificate of final judgment within a few days.
5) Post-Judicial Phase
With all the documentation in hand, the judgment and the certificate of res judicata issued by the competent court, the case is sent to the Comune for the transcription of the documents, in other words, the Comune will register the births of all those recognized in the case as Italians.
This is an exclusive administrative activity of the Stato Civile (office of the Comune).
After all the birth and marriage transcriptions of the person(s) concerned have been completed, the documentation is sent to our office, which forwards all the certificates obtained to the clients, thus enabling them to register with the AIRE system to obtain an Italian passport.
Our firm accompanies clients from the earliest stages, not just as a representative lawyer, but as a participant in the pursuit of their dreams.
