UPDATE ON MINOR ISSUE

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Sarah Fischer
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Key Update for U.S. Applicants: New Law Impacting Citizenship by Descent Applications

Nearly all U.S. Italian consulates have announced the immediate implementation of the new law addressing the "minor issue" in citizenship by descent applications. This change could significantly impact your application process.

Links to Official Consulate Pages

What This Means for Applicants

  1. Upcoming Appointments:
    If you have an appointment scheduled at a U.S. consulate and your case involves a "minor issue," it is highly likely your application will be rejected under the new rules.
    • Recommendation: Contact your consulate to check your case status. If it seems you no longer qualify, consider canceling your appointment to free up availability for others.
  2. Pending Applications:
    If you've already submitted your documents and are awaiting a decision (a process that can take up to 24 months), the outcome depends on your specific consulate.
    • Philadelphia Consulate: This consulate has explicitly stated that applicants with minor issues will be rejected, even for applications submitted before the law change.
    • Other Consulates: Some have not yet clarified their stance, so outcomes may vary.
  3. Waiting for an Appointment:
    If your application involves a minor issue, your chances of success are slim. Consider exploring alternative options, such as using a maternal line and filing a 1948 case instead.

Applicants in Italy

If you’ve already submitted your application for Italian citizenship directly in Italy, the outcome will depend heavily on the comune (municipality) where your application is being processed.

  • Southern Italy: Some municipalities have already begun rejecting applications based on the new law, regardless of when they were submitted.
  • Other Areas: Many comuni have not yet clarified their position, so the implementation of the law may vary widely.

For Future Applications in Italy

We strongly advise against pursuing future applications directly in Italy under the current circumstances. Even if some comuni are still determining whether they will process applications already submitted, moving forward, they will be required to adhere to the new regulations. These rules come directly from the Ministry of Italy and cannot be disregarded.

Next Steps

This law change is causing significant disruptions for many applicants. To avoid unnecessary delays or rejections:

  • Review your case thoroughly with a professional to determine if the "minor issue" affects your eligibility.
  • Explore alternative legal avenues, such as filing a 1948 case if applicable. However 1948 cases are also being effected by the minor issue.
  • Stay informed about updates from your consulate or comune.

These developments underscore the importance of staying proactive and flexible in your citizenship journey.

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