New Italian Supreme Court Sentence 2009

Are you eligible for Italian Citizenship jure sanguinis?

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New Italian Supreme Court Sentence 2009

Postby joanj » Tue Nov 01, 2011 3:57 pm

I am living in Itay and have been here for 28 years and only now am exploring the possiblility
of becoming an Italian citizen thru maternal blood line. I've been living here with a visa that was issued for family
reasons seeing that my son was born here and I am living with him. I renew the visa every 5 years.
I am hoping to now apply for my italian citizenship even if I was born to an italian mother
before 1948. I was born in Palermo in 1946 of Italian mother and American father.
In March of 2009 a new sentence #4466 was issued by the Supreme Court (Corte di Cassazione)
that italian women who married a foreigner before 1948 (father was American soldier) that had
automatically by law lost their italian citizenship by marriage to a foreigner are now considered
thru the new sentence mentioned above italian citizens.
So this is what I am hoping - to finally have my italian citizenship recognized
in an Italian court of law and have the judge issue my italian citizenship.
I have spoken to an immgration lawyer but he says that there may be a further problem seeing that
my mother was in 1949 naturalized an american citizen.
My question is: was I not born to an italian citizen in 1946 and why should her being naturalized be a problem
since at the moment of my birth Mother was an italian citizen.
Hope you can shed some light on this discrepency. Thanks so much, Joan
p.s. I am aware that I can apply for citizenship thru residency in Italy for over 10 years but it would be
my greatest satisfaction if I could have my citizenship recognized rather than request it. Arrivederci.
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