Overcoming the ‘Minor Issue’ for Italian Citizenship by Descent

[@alyceornella4880]

It's so enraging that the consulate can sit on my accepted file for over a year, only now to probably deny me because of the October circulare

[@TheVitalHabits]

Agree- this is the most upsetting part. To have to wait because certain consulates have much longer wait times than others and then not even grant those that have already been in process with submissions to just be turned down.

[@RobbieE56]

The few lawyers I spoke with on the subject basically described it as a 50/50 right how on how judges with rule with the new minor issue interpretations and what comune you have to go through, and could possibly get worse as time goes on. You need to be comfortable knowing the money spent has a chance of being "wasted". Especially since it takes about 18 months to get a hearing date.

[@robertm.4916]

@@RobbieE56 18 month hearing date! I wish. Im been waiting to just get the papers if my grandfather ever naturalized. All documents are currently being transferred from nyc to Philadelphia. And for several months when I check status it only says active.

[@RobbieE56]

@robertm.4916 yea that 18 month date is just for the hearing roughly. That doesn't include the other 18 months for a CONE if you need it 😭 And some judges have anecdotally started pushing hearing dates back even further recently.

[@TheVitalHabits]

Thanks gents! Still no definitive word from NYC consulate but is there any communication on why they would not at least be ethical and process those already submitted prior to the decision date?

[@zeitgeist888]

I would be extremely wary of taking a minor case to an Italian court. That is not a small amount of money nor time to chance it.If it fails you are out of money and they keep your documents.

[@pumuckl0]

True, but for some people that is their only possible line so they need to choose between risking it or giving up.

[@jcarpenter1022]

Does there have to be no other option? What if other ancestors have complications such as divorce or incorrect birth certificates… can we still opt to file a minor case in Italy if the other available case is too difficult?

[@heydeereman1040]

What was the change regarding having to have an ancestors birth record? Can a baptismal record be substituted?

[@robertm.4916]

How do I find out if my grandfather was naturalized? Where do I go?

[@pumuckl0]

There are a few places you can check to start. First, you can check US census records to see what his nationality was on the census. If he ever appears as American on the census, that is a good indication that he may have naturalized at some point. Likewise, death and marriage records from the county or state may show his nationality, which could also give you an indication. Second, you can make a request to USCIS and the National Archives to locate all records that they have about him, which includes immigration and naturalization records. If that search returns no naturalization records, you can request a Certificate of Non-Existence which officially shows that they have no record of him ever naturalizing. You can do a lot of this kind of stuff yourself, but would recommend consulting a legal professional.

[@michaeltillott9042]

These guys have a 99% success rate on all the cases they take on,im thinking of using these to get my citizenship its worth the money i think

[@RachelDavis705]

Made up number and not true.

[@pumuckl0]

It depends what kind of case you are filing and where. For example, if you have a 1948 case with the minor issue and the regional court where your family was from is Rome, there would likely be very little chance of winning that case because the Rome court has not been ruling favorably on cases with the minor issue. That said, they will do a full assessment up front to identify the best course of action and risks, and they will provide you with an estimate of your chances of success so that you can make an informed decision on whether to proceed.