what documents have to be translated for italian dual citizenship

Dual U.S. Italian Citizenship
DIY Resource for those wishing to have their Italian citizenship recognized through Italy's "jure sanguinis" birthright citizenship & "Jure matrimonii" past marriage

Discrepancies on Documents
Critical to establishing your claim to Italian citizenship is proving through vital records that your are descended from your Italian antecedent built-in in Italia. In order to do so, the officer reviewing your documents needs to feel certain that each person in your line to this Italian antecedent was descended from the prior. They will consider all the information bachelor on the documents, particularly birth and marriage certificates for each generation, comparison especially nascence dates, names of parents, and locations they were born and married in. If in that location are major discrepancies beyond these documents, such as someone who was born past 1 proper noun appears as the parent on the birth certificate of the adjacent person in the line of descent as a completely different name with no clear show that they are the same person, you lot will probably run into bug.
When you have discrepancies, whether y'all should address them in accelerate of your consulate appointment to submit your application and how you should deal with them will depend on several factors. Primal factors include where y'all will be applying, where the documents are from, how much coin and effort you are willing to put into addressing them, and how important it is for you lot that you increment your chances of immediate awarding acceptance.
What should exist addressed in advance of your consulate appointment to present your case? Generally, discrepancies on the documents pertaining straight to the applicant (birth and union records) should exist addressed in advance. This is considering the applicant's vital records will be transcribed in the Italian registries and officials volition exist concerned that key information is correct–name (kickoff, middle if applicative, and final, as well equally whatsoever suffix such every bit Inferior), birth date, city of nativity (yep, metropolis must exist listed, not canton), and parents' names.
Across the bidder'southward own vital records, there are no black and white answers as to what to do, if anything, with name and date discrepancies until you accept your date. Every case is unique, each consulate and fifty-fifty the individual officers handle discrepancies differently. There have been examples of the same consular handling similar discrepancies different in different cases. While some consulate websites explicitly state that all discrepancies must be addressed prior to your appointment, this is non necessary. (Note that if you are applying in Italy, encounter our documentation page nether the Apply-In-Italian republic section. If y'all are applying through the courts, such as for a 1948 case, you need to defer to your lawyer's preference.)
Based on numerous testimonials from applicants and professionals who work through cases with discrepancies, most consulates are quite lenient in this regard. It is a of a lot of work, expense, and frustration amending documents. You may find that the consulate doesn't need that level of effort. In fact, in that location have been a few reports of applicants beingness reprimanded by the consulate for amending ancestors' vital records.
In a 2018 interview we had with a consulate citizenship officer, we were told that "minor discrepancies are not taken into consideration, as long every bit nosotros are sure that we are looking at the same person over diverse documents. Some of the documents must be filed with the Consulates simply not sent to Italian republic for registration. In this case, it might not be necessary to amend the certificates. The biggest problems sally when the discrepancies are serious, therefore affecting the applicant'due south capability to testify his or her case… In whatsoever case, when an application cannot proceed due to discrepancies, the officer will indicate to the applicant how the documents need to be amended."
So, the consulate may detect the discrepancies are subtle plenty that they don't care. This is especially the instance with phenetic changes so the proper name is pronounced correctly in English, and Anglicizations (like Giovanni to John). If they exercise care, resolution may exist as uncomplicated as showing that there isn't some other person with the alternating spelling from the same town (positivo/negativo alphabetic character from the comune, explained farther down in this page).
The main concern of the consulate is to ensure you are correctly representing your family line. If they can reasonably track with your paperwork, minor discrepancies can be disregarded. You may very well cause concerns when amending a vital record, but to have it conflict with how your ancestor represented himself on other not-amendable documents, like the census, naturalization, green card, and war registrations. Sometimes consistency in the inconsistency is ameliorate.
It is important to remember that, even though information technology doesn't feel like it to you with all the prep you've done leading upwardly to it, the appointment is the START of the procedure in the eyes of the consulates. They practice not outright deny cases based on documentation issues if the applicant meets the basic qualifications. The consulate will tell you what concerns they accept, if anything, and tell you (and, you can negotiate) what you need to practise, if anything, to address the concerns. Follow-up, fifty-fifty for the most "prepared" of cases is very common. They usually let it through mail/email.
Nosotros take collected hundreds of appointment recaps from the members of our Facebook grouping where discrepancies were noted. The vast majority were accepted without question. In the rare cases where the consulate had a business organization, something less than amending the document was accepted every bit a compromise. If you are a member of our Facebook group, you lot can notice the listing here.
How do y'all deal with discrepancies once yous detect out you do accept to, or if you lot want to proactively? If you become to your engagement and the officer feels she cannot continue without having something addressed, be certain to discuss potential remedies and come to an understanding in writing as to what you need to address and how. This is very important then you aren't left guessing what yous need to do and information technology helps the officer remember what was agreed to, given they deal with hundreds of cases. If you are a member of our Facebook grouping, you tin consult others for their experience and read through appointment recaps. Hither are some typical ways to deal with discrepancies on United states vital records:
- Naturalization Documents – Note that many foreigners used the US naturalization procedure every bit a ways of establishing a legal proper name change. Oft on the oath document, completed when the naturalization was formalized, information technology will state something to the outcome of the person known as XYZ is from here forward known as ABC.
- Supporting Documents – These are documents that are non explicitly called-out as existence required on the consulate's website, but may be helpful in connecting name changes across documents and confirming dates and timeframes of events. These extra documents practice not need translations or apostilles, equally they will non be registered in Italy, rather they will be used past the consulate official to help them in evaluating your case. They don't necessarily demand to be certified copies, though if they come into play in your instance, the consulate may ask y'all to get a certified copy and ship information technology in after your engagement. The following are examples of some supporting documents and how they might be helpful. Bring everything you remember might exist helpful, but go on these non-required documents split up from the required ones and only present them if they volition be helpful at a point of concern during your appointment. Actress documents that the officer is not expecting could accept your appointment off track or even derail it.
- Arrival records (send manifests) can help establish when a person arrived, who they came with, where they came from, and where they were headed.
- Courtroom documents, if institute, can establish the legality of name changes. In some cases, our ancestors went through formal processes to change their names.
- Demography records can assistance establish employ of alternative names. For example, if in 1910 Giuseppe La Rocca is listed with his married woman and 3 children, then in 1920 he appears as Joseph Rocca, but has the aforementioned address, wife, and children listed, it is most definitely the same person and these records aid establish the name modify. Certified copies can exist obtained from National Archives.
- Baptismal records can be obtained from the diocese chapter over the church where your antecedent was baptized. Sometimes a "baptismal proper noun"–similar the of a saint–is given to the child and it will appear on the baptism records. Sometimes children would from that bespeak frontwards go by the baptismal name or use it as their middle proper name where they had none at birth. This might help explain the mysterious utilize of a new first name or addition of a middle proper name after in life.
- Amendments – This is a process in which the vital records role (land or county) allows amendments to be fabricated nether certain circumstances when provided with adequate prove to back up the change. How they get most making the amendment varies from state-to-state and county-to-canton. Sometimes they will strike-through the original information on the record and notate the corrected information. Others will create an entirely new record with the changes. However others will add an aka (likewise known as) line for name discrepancies. All of these are acceptable methods if done by the records function such that the amended document can receive an apostille from the Secretarial assistant of State'south role.
- Court-Ordered Corrections – Some states/counties do not allow amendments to vital records at all. Sometimes they only allow them from the person the tape is for, making it incommunicable to address a discrepancy for a deceased person. In these cases, you tin take your complaint to the courts with your documentation supporting the requested correction and petition the court to guild the vital records office to make the change. Your justification is that their refusal to do then has acquired y'all personal impairment–you cannot merits your Italian citizenship without the correction. While it is possible to exercise this yourself, information technology will require research as to the appropriate court with jurisdiction over the certificate(due south) in question and their procedures for filing. Many employ the employ of a lawyer.
- One-and-the-Same Order/Declaratory Judgment (we'll use OATS for brusque) – Similar to the above process for court-ordered corrections, a OATS order can be a user-friendly way of dealing with discrepancies beyond several documents. Rather than petitioning the court to social club corrections, you are asking the judge to certify that they agree that the person listed as x, y, and z with the birthdates of 7, 8, and nine on such-and-such records is the same person who was born as ABC on date 123. Once certified, you lot can have the court gild translated and obtain an apostille on the order from the Secretary of State, making it legal for use in Italy. See beneath for a template.
- Ane-and-the Same Affidavit – This is the aforementioned as higher up, but rather than submitting it to the courts, you have a credible individual draft and sign an affidavit before a notary that states that the person listed as… is the same every bit the person who was born equally… Such affidavits are unremarkably but adequate every bit an alternative to amendments if it is from the person who is in question. So, for case, if your grandfather in your line of rise to the Italian ancestor (or maybe he was the Italian ancestor) was built-in Pasquale and started using Samuel at some bespeak in his life and never legally made the modify, yet Samuel appears on some of the documents you take to submit every bit role of your case, he tin sign an affidavit that he was born Pasquale, began using Samuel, and affirms that he is the person who married and then-and-so and together they birthed your parent, the adjacent descendent in your line from the Italian ancestor. To legalize this certificate for use in Italy, you would transport it to the Secretary of State's authentication office in the state in which the notary is registered and obtain an apostille. The OATS should exist translated to Italian.
- Self-Declaration – Like to an OATS, a self-declaration is a simple letter that you or one of your living ascendants writes and signs before a notary to address discrepancies. For instance, if your grandmother'due south given name was Margherita, but she went by Peggy her whole life, she could write a letter attesting this and that the discrepancies seen on her birth versus later documents are considering of her employ of her preferred name.
- Sworn Understanding of Concordance (Perizia Giurata di Concordanza) – Somewhat like a OATS judgment, this is a type of document that tin be presented to a Justice of the Peace in the United states or a Notary or tribunale (lower court) in Italy forth with the documents in question, describing the discrepancies and asking the person to evaluate and agree that X and Y are the same person whose right data is Z. The central to this certificate is that the Justice/Notary state that they take on the legal responsibility for this judgment. This is not something that y'all demand a lawyer for, so it is a much less expensive option than going through the courts for an OATS judgment. This document will demand to be written in or translated to Italian. See below to download an example.
- Positivo/Negativo Letter – If you have name and/or birthdate discrepancies on Us documents every bit compared with the birth and/or marriage documents from Italy for this ancestor, you can request a letter from your Italian ancestor'due south comune attesting that they are confident that the person you have identified in such-and-such US records is the same equally the person built-in in their city in Italia. (Positivo.) Also, they have institute no one else built-in in that metropolis by the names and birth dates plant on the Us documents. (Negativo.) While this isn't e'er accepted as a substitute to egregious proper noun discrepancies, information technology tin can help address discrepancies on documents that cannot be amended, such every bit United states naturalization records.
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Source: https://dualusitalian.com/discrepancies-on-documents/
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