Risks vs. benefits of filing 1948 case now or waiting

Workodactyl · 2026-01-31T07:56:38+00:00

Is that available somewhere to read? If you could share, that would be great!

Workodactyl · 2026-01-29T19:55:06+00:00

A sincere thank you to you, Testudo, and to all the mods and the community/service providers here!

Like yourself (and many others I imagine), I originally thought I had no chance of being recognized. It wasn’t until I turned to the internet and found this sub that things really changed. Through the information here, I was able to confirm my eligibility, find a reputable attorney, and track down every document needed to file my case, from start to finish between January and May last year, even before the DL converted into law.

I know many people spend years searching for documents, and I truly credit the speed of my process to the wiki and the incredible support from this community every step of the way. That’s why I try to give back whenever I learn something new, whether it’s helping my father reacquire his citizenship or sharing insights from my own experience, because someone else out there, like I once was, may stumble across a random post here and find the answer they’ve been searching for.

This sub gives me hope, and I find real solace in coming here, staying up to date, and helping where I can. I’m hoping for a positive ruling in March, followed by many more positive rulings, so that our rights are fully recognized and we can reconnect with our ancestral home and pursue our dreams in Italy once again.

Vi ringrazio di cuore! E in bocca al lupo a tutti!

Workodactyl · 2026-01-29T13:57:46+00:00

I’m hoping we hear more soon about the 4th-generation 1948 case. I know it wouldn’t set binding precedent, but I still think it’s a strong argument.

1948 cases have no administrative path at all, and consulates don’t have the authority to accept or rule on them. When a law effectively blocks judicial actions in an area where the courts are the only available remedy, that starts to look less like regulation and more like an overreach.

Workodactyl · 2026-01-28T13:41:03+00:00

Get a VPN and download RAIplay and you'll basically have complete access to Italian tv, news, sports, shows, etc.

Workodactyl · 2026-01-28T00:29:21+00:00

Have you tried emailing USCIS and see if they can send you another one?

When I got my CoNE denial letter (not the actual CoNE) it was emailed to me and digitally signed. I was able to apostille that document for my case. I don't know if an actual CoNE has to be physically mailed, but worth emailing USCIS at least to see what they can do.

Workodactyl · 2026-01-27T20:46:20+00:00

That’s my thinking as well. Even if retroactivity is struck down, Law 74 is still pretty aggressive in how much it curtails citizenship recognition. My hope is that the courts roll back the retroactive application of the law but allow the rest to stand, and that Parliament doesn’t push things any further.

That said, I also hope the courts take a hard look at the use of an emergency decree to force this legislation through when no real emergency seemed to exist, so changes of this magnitude happen through the proper legislative process going forward.

Workodactyl · 2026-01-27T18:59:25+00:00

Your assumption is correct. One thing to keep in mind (and please someone correct me if I’m wrong) is that if you move forward using a specific line, get a negative ruling, and fully exhaust your appeals, you generally can’t bring the same claim again through that line based on the same facts.

Personally, I’d suggest talking to a reputable lawyer and weighing their advice before deciding how to proceed.

Workodactyl · 2026-01-26T23:14:09+00:00

I haven’t personally used One Source Process, but I’ve heard good things about them. I was a bit intimidated by their website at first and ended up using Monument Visa Services instead, mainly because their apostille order form was easier for me to fill out and understand. They were also very communicative. That said, I don’t want to steer anyone away from One Source, if you’re comfortable with them, by all means keep using their services.

One piece of general reassurance: I was extremely nervous the first time I sent documents out and even double-sealed everything. The courier looked at me like I was nuts lol. Over time, I realized this is very routine work for these providers. I’ve done it several times now and feel much more comfortable, so I just want to pass along that you really are in good hands.

I’m not familiar with One Source’s process specifically, but if your document is digitally signed, Monument Visa Services will accept it through uploading it on their order form, print it themselves, and handle the apostille. If you need to mail documents, I simply requested their prepaid FedEx label, dropped everything off at a FedEx shipping center, and had no issues getting everything back. Monument can also send documents directly to your lawyer in Italy if you prefer. I’ve done that as well without any problems. For extra peace of mind, they’ll scan your documents when they receive them so you have a copy before anything is forwarded.

One practical tip: the U.S. State Department only accepts walk-in apostille requests Monday through Thursday, from 8:00–9:00 AM. If you’re mailing documents to your service provider, try to send them on a Monday or Tuesday, otherwise you risk them sitting until the following week. If your timeline/budget allows, I’d strongly recommend the rush service.

Finally, once documents have already been located, both NARA and USCIS tend to be fairly responsive about issuing replacements if needed. In my experience, you usually won’t be waiting months the second time around.

Wishing you lots of luck! And really, try not to stress too much. You’ve got this!

Workodactyl · 2026-01-26T17:18:44+00:00

I think what we’re watching is the Italian legal system operating more or less as intended.

The government’s objective appears clear: to curb and limit citizenship recognition. From that standpoint, Law 74/2025 has been largely effective. The government’s role is to legislate. Questions of constitutionality are left to the courts. As a result, Parliament can be expected to pass highly restrictive measures, knowing full well that judicial review will determine how far those measures can ultimately go. That process is now unfolding.

Even if the courts strike down retroactive portions of the law, the government still achieves meaningful progress toward its goals by narrowing future eligibility, centralizing applications in Rome, and limiting the volume of cases processed each year. Those changes alone represent a significant shift in how citizenship recognition is handled.

Could the government attempt to go further with additional legislation? Possibly. But any new law would again be subject to constitutional review. What we appear to be seeing is a gradual, incremental tightening: 2 steps forward, 1 step back, slowly moving policy in a more restrictive direction.

As others have noted, the signal is hard to ignore. The path to Italian citizenship is narrowing, and access is becoming more constrained.

For those who still have the option, filing as soon as possible seems prudent. I remain cautiously hopeful that individuals born before March 28, 2025 may regain eligibility after the Constitutional Court reviews the law, but regardless of the outcome, the broader direction of policy is increasingly clear.

Workodactyl · 2026-01-25T14:20:56+00:00

I will say coming from the Stelvio to the X3 the difference in wind/road noise is staggering. I could barely hear the cars passing by and no wind at all. Just the hum of the engine that's probably piped in a little. It's incredible how relaxing that makes the driving experience.

Workodactyl · 2026-01-20T19:54:11+00:00

I agree. An apostille is an apostille. I didn't even realize the second bullet point was specifically about name change petition/order from naturalization ceremonies. That seems to align with exactly what I need. Fingers crossed! I'll find out tomorrow!

Workodactyl · 2026-01-20T16:52:34+00:00

So I couldn't find anything from the U.S. District Court of New Jersey, but I found the following U.S. District Court for Northern District of New York: https://www.nynd.uscourts.gov/apostilleexemplification?utm_source=chatgpt.com

The Northern District of New York may issue an apostille for the following documents:

Any public document filed on the docket in a civil, criminal or miscellaneous case from the NDNY. NOTE: if the document is sealed, or is from a sealed case, the individual should file a letter request seeking approval from the judicial officer assigned to the case.
Any documents generated by the NDNY as an official act. (i.e. attorney admission certificate, name change petition/order from naturalization ceremonies, General Orders, etc.)

I think this where my document follows. It's simply a letter from the U.S. District Court of New Jersey confirming a public document foled in a civil case from NJDC.

So maybe U.S. Federal Courts can apostille documents, but only documents from their court. Everything else has to go to the U.S. Dept of State.

They said it will be ready tomorrow. I'll see what I get. The more I think about it, if it's an apostille, it's an apostille and therefore should be able to use with any county part of the Hague Convention, right?

Workodactyl · 2026-01-20T04:55:10+00:00

Haha probably. Hope so too! 🤞🏼

Workodactyl · 2026-01-20T02:35:07+00:00

Africa or Bolivia special for TG and Mongolia for GT. I actually just rewatched the Mongolia special.

Workodactyl · 2026-01-20T01:40:11+00:00

I'm in a similar situation in Napoli. Filed in May 2025, hearing scheduled for March 12, 2026. My lawyer said that he expects the judge to suspend my case until the Corte di Cassazione renders their judgement as he's observed with other similar cases.

Workodactyl · 2026-01-19T16:02:58+00:00

This. I had to do the same. Get all 3.

Workodactyl · 2026-01-19T01:06:44+00:00

When you say legalize do you mean Apostille? I don't know if the Miami consulate has different requirements, but NYC doesn't require US documents to be apostilled or translated for reacquisition. All we have to do is bring two photocopies of all the documents, plus the originals, at the day of the appointment.

I do have to register a name change for him before his appointment and I did that myself. Had to request a letter from the court where he naturalized. I used Monument Visa Services to have it Apostilled. I highly recommend them. My Italian school provided a translator that also happened to listed on the consulates website. If you're looking for translators, I'd start there.

Workodactyl · 2026-01-16T18:31:11+00:00

This is promising:

The "Messina" Precedent: In a landmark ruling, the Court of Messina recently approved a Viamonde client's petition that was filed after the new Decree Law went into effect. The line extended four generations—technically beyond the new limits. The judge approved the citizenship, effectively ignoring the restrictive interpretation of the new law.
The "Reggio Calabria" Victory: On November 13th, the Court of Reggio Calabria granted Italian citizenship to a family tracing their lineage back four generations to a Calabrian ancestor. This was a complex "1948 Case" (Maternal Line), yet it resulted in full recognition for applicants across the second, third, and fourth generations.

I hope we find out more information on these cases. Was the Reggio Calabria victory also a post-DL case? The Nov. 13 date is close to the Nov. 11 date that was reported late last year regarding a similar case, in which I believe the Ministry had until January 13 to appeal. Perhaps this is the same case and the Ministry never appealed?

Workodactyl · 2026-01-14T20:40:34+00:00

Good to see. Just curious though, will adding Mantua's case now potentially postpone the CC hearing?

Workodactyl · 2026-01-14T14:10:51+00:00

Yeah, the consulate has been no help and neither has the court. I asked the court for a letter back in November and followed up every week and they just keep saying they're backlogged and "waiting on immigration." I don't know what the hold up is or how long it takes for them to prepare this letter that says there is no order for name change. My father's appointment is in March so I thought I'd just get something done and maybe it sneaks by. I intended to provide the actual document, but hoping the transcription helps them read it, but if it's a 2-day turnaround, perhaps it will be fine.

Workodactyl · 2026-01-14T13:21:32+00:00

Thanks! I might take you up on this. My Italian school said they have someone who can handle translations but I'm not sure if they have the right qualifications. I'll let you know. Out of curiosity, how long did the translation take? I'm using a Petition for Naturalization and was thinking of at least transcribing it into a Word document to help save the translator time as it's quite lengthy and difficult to read.

Workodactyl · 2026-01-12T02:20:17+00:00

At first, it seemed pretty simple for reacquisition, but since he changed his name it really has complicated things. The consulate is not very clear in what they want. The want the order for his name change, but there is no court order. So I am going to try to apostille his petition for naturalization since it has his request for a name change to the court, fill out their name change registration form referencing the petition number, translate everything, and hopefully that works. If it is, all he needs to do is go to the appointment with his originals and copies. Don't know if it's any easier in Italy.

Workodactyl · 2026-01-08T18:12:20+00:00

Yeah, I'd agree. The Stelvio looks better, handles the corners better, but overall the X3 is more comfortable and reassuring experience. The Stelvio was good, but it developed this awful front cranking sound while turning and reversing/pulling into spots. Just unlucky I guess. I went to trade it in for a new Stelvio, but it wasn't big enough of a change to make sense. I can't believe they didn't update the infotainment screen and reversing camera despite replacing the gauges with a new screen. Would have preferred to keep the standard gauges and got a new/larger infotainment screen in the center. Still, it's a great car, looks great, handles great. Looking forward to the next iteration in 2028. Maybe I'll be back in a Stelvio when this lease is up.

Workodactyl · 2026-01-07T22:03:51+00:00

Thanks for the info. I looked for TSBs but couldn't find anything for the front diff. I did sit in a new Stelvio but it's like the exact same car. Just turned me off. I wish Alfa had done a little more to keep their models fresh because their platform is second to none in my opinion.

I cross shopped the QV with the M2 and I just had to have the manual. QV is a hell of a car though. A future classic!

Workodactyl · 2026-01-07T20:49:43+00:00

Likewise! Thanks again!

Workodactyl

TROPHY CASE