Legal Question in Immigration Law in New York

Hi

I am applying for my dual citizenship in Italy. I am going through my GGF-->GM--->F--->M.

I am so close to getting my citizenship however when I went to my appointment back in Sept in New YOrk, they told me the only discrepancy i had was on my Grandmothers birth certificate. Her mothers maiden name (my GGM) is listed as "Lena Angelina" and her married name is listed as "Lena Proscia"

The correct name should be "Angelina Ferrant" and "Angelina Proscia"

I went to the dept of correction to have it corrected. However, it was rejected because the names on the documents I supplied did not match. My GGM birth certificate from Italy (in which her name was Angela) on it and her marriage certificate (which cannot be changed- in which her name is Angelina on it) Her name was not legally changed- Angelina was just a nickname she used- but she used it on a few legal documents.

I am not sure where to go from here. Someone mentioned a court order name change, and article 78, but im not sure how to go about that?

-Stephanie


Asked on 2/23/11, 12:37 pm

1 Answer from Attorneys
Nicklaus Misiti Misiti Global, PLLC.

I went through a similar process in obtaining italian citizenship and had a similar problem. My greatgrandfathers birth certificate name ended with an o and on his marriage cert it ended with an a. I wrote the italian commune where I got the birth certificate, hoping for a letter stating no person existed so I could just say it was an inconsequential error. To my surprise they whited out the name and put it with the a. The embassy accepted this and I received my passport a few weeks later. I think this was luck but it may be worth a try. I know the embassy are sticklers about those names.

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Answered on 2/23/11, 12:54 pm


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