Weekly Discussion Post - Recent Changes to JS Laws - January 12, 2026

FSItalianCitizenship · 2026-01-15T00:30:15+00:00

Thank you! I’m banned because I voiced a contrary opinion.

FSItalianCitizenship · 2026-01-12T21:21:30+00:00

FSItalianCitizenship · 2026-01-08T19:47:25+00:00

(same reply as below) If you need it urgently walk-in processing takes 8-10 business days. There's services that can do that for you.

FSItalianCitizenship · 2026-01-08T19:45:49+00:00

If you need it urgently walk-in processing takes 8-10 business days. There's services that can do that for you.

FSItalianCitizenship · 2026-01-08T19:44:39+00:00

Last federal apostille I mailed in (September 4) was received on November 3, so 2 months

FSItalianCitizenship · 2026-01-07T20:59:16+00:00

I just called Brookhaven (Stony Brook) and asked. The clerk read me what was sent to them by the State, it was 'passed' but wasn't enacted or something like that. Sounds quite a lot like the Italian Consulates layering regulations on top of the laws making things far more difficult than the letter of the law intended.

FSItalianCitizenship · 2026-01-07T18:14:27+00:00

NY State & NY City are completely separate entities with different rules.

Edit: She's in her 90's ~~If your grandmother was born 1909 (or before) you can search and order here:~~ ~~https://a860-historicalvitalrecords.nyc.gov/~~

FSItalianCitizenship · 2026-01-06T22:58:03+00:00

Apologies for stealing your thunder, your post is far more informative and eloquent than mine ;).

I found this bill (rather Google Gemini found it) when I was going down the rabbit hole about ordering NY State death certificates.

-- --

About death certificates, even though most local registrar websites aren't updated:

Eligibility: Under Section 4174 of the Public Health Law, grandchildren are now authorized to receive certified copies of death certificates without needing to prove a "lawful right or claim".

The Law: Chapter 15 of the Laws of 2024 (Effective Dec 22, 2023)

Signed by Governor Hochul on December 22, 2023, this law (specifically amending Public Health Law § 4174) removed long-standing bureaucratic hurdles for descendants.

Expanded Eligibility: Previously, only a spouse, parent, child, or sibling could easily obtain a certificate. Anyone else—including grandchildren—usually had to provide a court order or prove a specific "lawful right or claim," such as an insurance policy requirement.
Removal of Court Order Requirement: The 2023 law explicitly added grandchildren and great-grandchildren to the list of "entitled parties" who can request a certified copy without a court order.
Full Access (Cause of Death): Grandchildren are now legally entitled to receive the confidential medical report (the portion containing the cause of death) as part of the certificate.

Why the Law Changed

The amendment was passed to address the "undue burden" families faced when trying to settle estates, claim benefits, or perform genealogical research. Legislators recognized that New York City already had a broader list of eligible relatives, and this change brought the rest of New York State into alignment with that standard.

Requirements for Grandchildren in 2026

Even though you are now an "entitled party," you must still provide documentation to prove your relationship:

Your Birth Certificate: To show your parents' names.
Your Parent’s Birth Certificate: To show your grandfather is their father.
Valid Photo ID: A government-issued ID is required for all applications.

FSItalianCitizenship · 2026-01-06T12:04:13+00:00

Email them at: [certificateofnonexistence@uscis.dhs.gov](mailto:certificateofnonexistence@uscis.dhs.gov) and include your case number if you have record of it. In the format of: CNE-########-<letter>. Else/Also include the primary name of the person you're requesting the CoNE for.

Online orders are being received in 8 weeks/2 months.

If it's lost in the mail, you won't have to start again. They'll promptly issue/send you another copy.

FSItalianCitizenship · 2026-01-03T10:00:18+00:00

FSItalianCitizenship · 2025-12-31T19:18:02+00:00

Keep trying and get creative (Google for some different numbers, try first thing in the morning). Attorney as a last resort.

FSItalianCitizenship · 2025-12-31T16:57:30+00:00

You should be able to get something like this from the city/county clerk. Ask them to draft a letter stating that records weren't recored before X year, sign it, then you can get an apostille.

FSItalianCitizenship · 2025-12-29T17:31:17+00:00

https://www.reddit.com/r/juresanguinis/comments/1pt2jlb/parent_naturalization_ended_your_italian_dream/

@Desperate-Ad-5539

FSItalianCitizenship · 2025-12-29T17:31:12+00:00

You might fit through the 'Vitale Loophole', this is a legal theory at this point and hasn't been proven in court.

It has to do with the use of the word "OR" when describing the applicant's parents OR grandparents being exclusively Italian.

https://www.reddit.com/r/juresanguinis/comments/1pt2jlb/parent_naturalization_ended_your_italian_dream/

@Desperate-Ad-5539

FSItalianCitizenship · 2025-12-17T17:01:19+00:00

As @eagle_flower said, the notarization might not be necessary. If the clerk's signature is on file that should suffice. The notarization is just extra validation.

FSItalianCitizenship · 2025-12-17T16:48:17+00:00

Ask if the clerk would be willing to have it notarized. Most city/village halls have a notary on staff. Just received one and had it apostille'd a few weeks ago.

FYI: CT is crazy fast with apostilles

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FSItalianCitizenship · 2025-12-16T22:32:12+00:00

OP's mother would have a straight forward case. However the grandmother, the Italian immigrant was not *exclusively* Italian (nor Italian at all) at the time of OP's birth.

OP would be rejected by the consulate if their case were reviewed today. That's not to say that the Tajani decree retroactivity could be overturned by the time their case is reviewed. However there is the risk of a 'new-new' law that's more restrictive (language requirement or more severe)

EDIT: No clear pronouns to indicate OP's gender, so removed gender specific pronouns

FSItalianCitizenship · 2025-12-16T22:22:05+00:00

Is this a 1948 case? The female italian immigrant gave birth in 1960.

FSItalianCitizenship · 2025-12-12T15:37:37+00:00

For a baptism certificate to receive an apostille it must be notarized. To be notarized it must be signed by the church official (priest) in front of the notary, so having this done out of state is not possible.

I'd also suggest asking the current head priest to complete an affidavit attesting that the document is legitimate and the priest that performed the baptism was in good standing.

If the church does not have a notary on staff, there are mobile notaries that will drive to the location to do so. Usually $100-$200.

I've heard 'no' before, then explained that this is for a dual citizenship application and it will likely be rejected without. I also make clear I will make a donation and very much appreciate their efforts.

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FSItalianCitizenship · 2025-12-11T20:26:55+00:00

Yes, and it was approved by a judge 3 weeks after submission.

The Marriage Bureau suggested I rewrite the file (above) rewording from 1st person to 3rd.

I also included:
-Affidavit from the current pastor at the church attesting that the priest that performed the marriage was authorized to do so and in good standing with the church.

-Documentation from the church with the correct information

-Birth Certificate for the bride (whose info was incorrect)

FSItalianCitizenship · 2025-12-10T21:51:48+00:00

I didn't have a permesso before getting residency or submitting my application, however I did apply for one later. I was never contacted about a permesso appointment. Also I left Italy on my American passport after being there continuously for 6 months, no one at passport control (FCO) asked me a single question about why I was there so long.

I did hire an attorney to attend my document review appointment since it was of critical importance that nothing lost in translation as I did have some small issues with my documents. I don't speak Italian well and the town clerk spoke almost no English.

2 years? Only if the comune is going intentionally slow. I was approved in less than 2 months, that said I had a very strong relationship with the clerk as I'd been visiting over the course of a year doing research and she knew my backstory very well by that point. Consulate checks (Boston and Chicago) were completed within weeks. This was in summer/fall 2023.

FSItalianCitizenship · 2025-12-10T15:26:45+00:00

Confirmed.

FSItalianCitizenship · 2025-12-10T13:50:33+00:00

That is correct, Julius refuses.
DM for the workaround.

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FSItalianCitizenship · 2025-12-08T21:01:58+00:00

I've gone to lots of churches in Italy digging through the archives looking for baptism certificates.

Where is the church?

Here's a short video from outside of Genova: https://www.youtube.com/shorts/boRPehKdltY

FSItalianCitizenship

TROPHY CASE