1948 Case with Luigi Paiano

[dojo]

Just an update for anyone following along…Don't want people to think I forgot about the forum.

Luigi submitted the documents to the courts back in mid September, and we are still waiting for a court date to be set. It has been about 6 weeks.

For anyone else who used Luigi, how long did it take for a court date to be set after Luigi submitted the documents to the courts?

dojo

[dojo]

Update for my case, I just received word from Luigi that the first meeting with the judge has been set for March 4, 2015. The judge assigned to my case is Vittorio Contento. Does anyone have experience with him? What judge did you have in your case? How were they?

The timetable for my case:
JULY 15, 2014 - Documents mailed to Luigi
AUG 2014 - Documents sworn by Teresa Borlotti
SEP 10, 2014 - Documents sent to courts
NOV 5, 2014 - Courts send date for first meeting in March
MAR 4, 2015 - First meeting with Judge

[DRuss]

The judge assigned to my case is Vittorio Contento. Does anyone have experience with him? What judge did you have in your case? How were they?

I can't say about Vittorio Contento, but in any case, there will be three judges working on your trial. In addition, they coordinate their work in each department of the Court. The result is that the decision is much less dependent on a single judge than it would be in Common Law systems (UK, USA, etc.). 1948 cases are well-established now, so there is little to worry about. The main risk is that the law may be changed.

[dojo]

My court date has been postponed to March 5, 2015 (just one day). Also the judge has been changed.

Has this happened to anyone else?

[mauro.bortoni]

Hi everyone,

I will also start the proccess with Luigi Paiano. Does anybody know how many cases has he won? or lost?

[dojo]

Sorry for the delay in response... I believe Luigi is well over 200 cases won now. He has not lost a single case (besides his first which he went on to appeal and win in the Corte di Cassazione). If you have anymore questions, browse around and if you need clarification then feel free to post and ask. I am in the middle of a case with Luigi and could probably answer most of your questions.

[doncariddi]

I have not been on this forum in some time, I'm one of the original people that used Luigi and his services. Back when I started in 2010 he had only won 4 cases, but as you all know, he seems to have this down quite well! As most have posted, he will let you know the steps, it pretty much followed what Luigi said. Of course, keep in mind the month of August and even December are not really times in Italy where too much gets done, so I would say don't count them in your estimates =)

Also, I saw a message posted a few back, a question about minors and if they qualify for citizenship. The answer of course is yes, through bloodline. I believe the only thing that Luigi told me is that if you are starting a case and you have children close to the legal age (18), that you may want to consider including them on the case. I believe once they are 18 it becomes a little more difficult whereas under 18 (by the time you have your case done, sealed and delivered) it is simply registering the 'life event' with the AIRE and of course getting their birth records from the US and following the steps outlined by your local Consulate.

Congrats to those that have also used his services and have passports in hand! I know what a great feeling that is. Also for those 'waiting' from what I know he has not lost a case, so a change in judge or whatever the case my be, should not be a problem (in my opinion).

[ffxanthony]

Hello,

It's very interesting to hear about your case. I myself am pursuing a case under the 1948 rule. We had our initial hearing scheduled for the beginning of November 2014 ... but we have been told a second hearing is needed and this isnt until March 2016, so well over a year away! I was told that there is a massive back log of cases which is what has caused the delay ... does anyone know if this is normal or if there is a way to expedite the process? I'm guessing probably not ... but would be interested to hear others views!

[doncariddi]

My guess is there is 'no' way to expedite. I know when I first started with Luigi back in 2010, it was always explained to me by Luigi that 2 appearances was standard (about a year apart). For whatever reason it seems many/most (but clearly not all) did not have to come back for the 2nd appearance. Luigi may be able to explain a reason but then again, with the courts in Italy it could be the judge was having a bad day or perhaps there really is a back-log.

I've only seen 100% positive outcomes (myself included) with these cases from seeing what's on the forums and from Luigi's website. I do know that one can never expect things to run as planned and/or smoothly with the Italian court process (or the US courts for that matter). My feeling is while it has not recently been typical, it probably has no bearing on the outcome. It would be odd that hundreds of cases have been positive and suddenly you are a sole oddity.

My advice to anyone that I was ever a reference to was that while it seemed the 2nd appearance was not required recently, nothing is 100%. That advice and August and December nothing gets done in the courts so never count those in any equation of progress!

[DRuss]

Hello,

It's very interesting to hear about your case. I myself am pursuing a case under the 1948 rule. We had our initial hearing scheduled for the beginning of November 2014 ... but we have been told a second hearing is needed and this isnt until March 2016, so well over a year away! I was told that there is a massive back log of cases which is what has caused the delay ... does anyone know if this is normal or if there is a way to expedite the process? I'm guessing probably not ... but would be interested to hear others views!

Is your case being handled by Luigi Paiano or another lawyer? Mr. Paiano has a tremendous amount of experience in these cases - well over 200 at this point. That is why he is often able to obtain a better outcome for his clients. However, if there is a significant backlog with these cases, there isn't a lot that can be done - it will take as long as it takes.

[manu]

Just received my translated and legalized documents to send to Luigi. Hope to get the process started very soon. Thank you very much everybody for your replies.

[dojo]

Some unfortunate news in my case... Luigi has informed me that my case has been postponed again. This time until September 15. Just wanted to see if this has happened to anyone else now or before during their case. Luigi also said that this judge has postponed all of his clients cases, not sure how many this judge has though.

Let the wait continue I guess...

My case says this now on the tracking website, "ATTESA ESITO UDIENZA PRIMA COMPARIZIONE." Can someone provide a clear meaning of that for me? I believe it is translated as "Pending hearing results before appearance" if that is accurate?

[Stefano]

Some unfortunate news in my case... Luigi has informed me that my case has been postponed again. This time until September 15. Just wanted to see if this has happened to anyone else now or before during their case. Luigi also said that this judge has postponed all of his clients cases, not sure how many this judge has though.

Let the wait continue I guess...

My case says this now on the tracking website, "ATTESA ESITO UDIENZA PRIMA COMPARIZIONE." Can someone provide a clear meaning of that for me? I believe it is translated as "Pending hearing results before appearance" if that is accurate?

Hi there! May I ask who that judge is? I am being represented by Luigi in a 1948 case as well...

Also, I think it translates more like "Pending first hearing results" (in this case "prima" would mean "first" instead of "before")

Greetings.

[dojo]

Vincenzo Vitalone. Have you had experience with him? Who is your judge?

[paisano1976]

Is it time for me to enlist Mr. Paiano?

I thought I had everything squared away with my eligibility under scenario 2 below until I heard from the SF consulate that I am ineligible to apply because my mother was born before 1948. Here are the facts:

1) Eligibility through Maternal Grandmother (Me > M > GM)

Me (Male)
Born 1976, USA

Mother
Born 1945, USA

Maternal Grandmother
Born 1922, Italy
Father naturalized 1918 as US Citizen


2) Eligibility through Maternal Great-Grandfather (Me > M > GF > GGF)

Me (Male)
Born 1976, USA

Mother
Born 1945, USA

Maternal Grandfather
Born 1914, USA

Maternal Great-Grandfather
Born 1882, Italy
Never renounced Italian citizenship, never naturalized as US Citizen

Thank you for any assistance! I hope it was okay to post in this thread. It seemed to have the most people in my situation.