[Hey Jure Sanguinis folx - if you want to use this template, Ctrl-F on the following terms to find and replace through the document. Green text are instructions, usually to adjust grammar if you are helping multiple petitioner family members. Yellow text is to be replaced with the list below - include the brackets in your search to avoid replacing the words in the petition like grandfather etc. Asterisks below are for situations that might not apply - a death, a divorce, a new marriage, a second petitioner, etc. I use “eldest GF/GM” to capture the ascendants who were Italian and came over to the US - you will need to add new sections for any additional grandparents after 1 generation]
[name(s) of Petitioner(s)]
[petitioner address]
[petitioner city, state, zipcode]
[petitioner phone number]
[NAME OF COURT]
[COUNTY NAME]
[records located in US state name]
[US state archive name]
[US state department of health name]
[name of petitioner’s eldest GF]
[name of petitioner’s eldest GM]
[name of petitioner’s father]
[name of petitioner’s eldest GF]
[date of birth for eldest GF]
[place of birth for eldest GF]
[name of eldest GF’s father]
[name of eldest GF’s mother]
[date of death for eldest GF]
[place of death for eldest GF]
[name of petitioner’s eldest GM]
[date of birth for eldest GM]
[place of birth for eldest GM]
[name of eldest GM’s father]
[name of eldest GM’s mother]
[date of death for eldest GM]
[place of death for eldest GM]
[date of eldest GP’s marriage]
[place & country of eldest GP’s marriage]
[location where eldest GF came to USA]
[location where eldest GM came to USA]
[date of emigration for eldest GF]
[name of eldest GF’s ship from Italy]
[date of emigration for eldest GM]
[name of eldest GM’s ship from Italy]
[eldest GP’s US state name]
[eldest GP’s address]
[year of eldest GF’s death]
[year of eldest GM’s death]
*[date of eldest GM’s first marriage]
*[place of eldest GM’s first marriage]
*[name of eldest GM’s first husband]
*[date of birth for eldest GM’s first husband]
*[place of birth for eldest GM’s first husband]
*[father of eldest GM’s first husband]
*[mother of eldest GM’s first husband]
[name of petitioner’s father]
[date of birth for petitioner’s father]
[place & country of birth for petitioner’s father]
[date of father’s death]
[place & country of father’s death]
[mother of petitioner’s mother]
[father of petitioner’s mother]
[name of petitioner’s mother]
[date of birth for petitioner’s mother]
[place & country of birth for petitioner’s mother]
[date of mother’s death]
[place & country of mother’s death]
[date of petitioner’s parents’ marriage]
[place & country of petitioner’s parents’ marriage]
[name of petitioner]
[date of birth of petitioner]
[place & country of birth of petitioner]
*[name of 2nd petitioner if applicable]
*[date of birth of 2nd petitioner]
*[place & country of birth of 2nd petitioner]
*[erroneous name of petitioner’s father]
[DELETE EVERYTHING ABOVE THIS ROW INCLUDING THIS ROW. Delete all green text below including brackets. Update any yellow text that was missed. :-)]
[name(s) of Petitioner(s)]
In Pro Se
[petitioner address]
[petitioner city, state, zipcode]
Telephone: [petitioner phone number]
[NAME OF COURT]
COUNTY OF [COUNTY NAME]
[name(s) of Petitioner(s)] ) INDEX NO:__________
)
)
) COMPLAINT FOR
) DECLARATORY RELIEF
)
)
)
)
This is a civil action seeking declaratory relief. Petitioner desires a judicial determination and declaration which is necessary and appropriate at this time under the circumstances in order that petitioner may ascertain his rights for recognition of Italian citizenship, jus sanguinis.
Determination and recognition of Italian citizenship is subject to the demonstration by the petitioner that establishes that his direct ascendants uninterruptedly maintained their Italian citizenship. The authority to make this determination is with the Italian Consulate of [Consulate City Name] whose jurisdiction the petitioner resides, being a resident of [petitioner city, state, zipcode].
Complying with Italian Consulate directives, documentary evidence is requested to be presented to the Consulate that will demonstrate petitioner’s right of Italian citizenship through their paternal line. Those documents are:
[add as many documents & relationships here as you have lineage to adjust & prove]
- GRANDPARENT’S BIRTH CERTIFICATES
- GRANDPARENT’S MARRIAGE CERTIFICATE
- GRANDPARENT’S IMMIGRATION DOCUMENTS
- GRANDPARENT’S ALIEN REGISTRATION FORM
- U.S. & [records located in US state name] STATE CENSUS RECORDS FOR GRANDPARENTS
- GRANDPARENTS DEATH CERTIFICATES
- PARENT’S BIRTH CERTIFICATE
- PARENT’S MARRIAGE CERTIFICATE
- PARENT’S DEATH CERTIFICATE
- PETITIONER’S BIRTH CERTIFICATE
Documents submitted must comply with the directives as promulgated under the authority of the Italian Consulate of [Consulate City Name] :
“Incorrect certificates
It is your responsibility to make sure that all documents contain the correct information with regard to names, last names, dates and places of birth, and that such information matches in all submitted papers. Incorrect certificates may delay processing of your application or affect your eligibility for Italian citizenship. If there are too significant differences in the certificates, please provide an official statement from a Court Judge or a Vital Statistic Officer asserting the true and correct information.” 1
Many of the documents to be submitted by Petitioner do indeed contain errors in spelling and inconsistencies with the facts as determined through genealogical research.
Petitioner alleges exhaustion of administrative remedies. Documents in the National Archives, U.S. Citizenship & Immigration Services, and the [US state archive name] and [US state department of health name] may not be amended due to statute and/or administrative rules and thus Petitioner requests that this declaratory relief action seeks to resolve this dispute without challenging these statutes and/or administrative rules while complying with the requests of the [Consulate City Name] Italian Consulate.
WHEREFORE, plaintiff prays judgment declaring to the facts of the documents listed and they are related to the ascendants of [name(s) of Petitioner(s)].
[ADD URL OF YOUR CONSULATE PAGE SHOWING THE “INCORRECT CERTIFICATES” WARNING TEXT ABOVE]
I. PARTIES
[ADJUST GRAMMAR IF MULTIPLE FAMILY MEMBERS APPLYING]
Petitioner, [name(s) of Petitioner(s)], residing at [petitioner address],
[petitioner city, state, zipcode], is pursuing Italian citizenship, jus sanguinis, through his ascendants: grandfather [name of petitioner’s eldest GF], grandmother [name of petitioner’s eldest GM], and father [name of petitioner’s father].
II. FACTUAL BACKGROUND
[Add any additional relations such as great or great-great grandparents as needed. Also the below is just a suggested narrative - put the facts & people down in chronological order. Did they marry in Italy then emigrate, or emigrate then marry in the US, etc?]
1.Petitioner’s grandfather is:
[name of petitioner’s eldest GF] , born [date of birth for eldest GF] in [place of birth for
eldest GF], Italy.
Son of [name of eldest GF’s father] and [name of eldest GF’s mother]
Died: [date of death for eldest GF] in [place of death for eldest GF], USA
2.Petitioner’s grandmother is:
[name of petitioner’s eldest GM] , born [date of birth for eldest GM] in [place of birth for eldest GM], Italy.
Daughter of [name of eldest GM’s father] and [name of eldest GM’s mother]
Died: [date of death for eldest GM] in [place of death for eldest GM], USA
3.[name of petitioner’s eldest GF] emigrated to [location where eldest GF came to USA] on [date of emigration for eldest GF], aboard the ship [name of eldest GF’s ship from Italy]
[name of petitioner’s eldest GM] emigrated to [location where eldest GM came to USA] on [date of emigration for eldest GM], aboard the ship [name of eldest GM’s ship from Italy]
4.They were married [date of GP’s marriage] in [place & country of GP’s marriage]. [name of petitioner’s eldest GF].
5.Upon arrival in the United States, [name of petitioner’s eldest GF] and [name of petitioner’s eldest GM] resided at the following residences, per federal and state census, Alien Registration and Death documentation:
1900 US Census [eldest GP’s address]
1905 [eldest GP’s US state name] Census [eldest GP’s address]
1910 US Census [eldest GP’s address]
1915 [eldest GP’s US state name] Census [eldest GP’s address]
1920 US Census [eldest GP’s address]
1925 [eldest GP’s US state name] Census [eldest GP’s address]
1930 US Census [eldest GP’s address]
1940 Alien Registration Form [eldest GP’s address]
[year of eldest GF’s death] Death Certificate [eldest GP’s address]
[year of eldest GM’s death] Death Certificate [eldest GP’s address]
[REMOVE OR ADJUST THIS IF IT DOES NOT APPLY TO YOUR SITUATION!]
6.Petitioner’s grandfather, [name of petitioner’s grandfather], never applied for United States citizenship and complied with the Alien Registration Act (or Smith Act, 18 U.S.C. Section 2385) of 1940, which required all non-citizen adults to register with the government.
[WERE EITHER LIBRA’S WIDOWS/WIDOWERS? DIVORCED?]
7.[name of petitioner’s eldest GM] was married a first time on [date of eldest GM’s first marriage] in [place of eldest GM’s first marriage] to:
[name of eldest GM’s first husband], born [date of birth for eldest GM’s first husband] in [place of birth for eldest GM’s first husband], Son of [father of eldest GM’s first husband] and [mother of eldest GM’s first husband].
[ARE YOUR PARENTS STILL ALIVE AND OR MARRIED? INDICATE DEATHS OR DIVORCES WHERE NAME CHANGES MAY APPLY]
8.Petitioner’s father, son of [name of petitioner’s grandfather] & [name of petitioner’s eldest GM] is:
[name of petitioner’s father], born, [date of birth for petitioner’s father] in [place & country of birth for petitioner’s father]
Died: [date of father’s death] in [place & country of father’s death]
Petitioner’s mother, daughter of [mother of petitioner’s mother] and [father of petitioner’s mother] is:
[name of petitioner’s mother], born, [date of birth for petitioner’s mother] in [place & country of birth for petitioner’s mother]
Died: [date of mother’s death] in [place & country of mother’s death]
They were married on [date of petitioner’s parents’ marriage] in [place & country of petitioner’s parents’ marriage]
9.Petitioner(s), son/s/&/daughter/s/ of [name of petitioner’s mother] & [name of petitioner’s father] is/are:
[name of petitioner] born on [date of birth of petitioner] in [place & country of birth of petitioner]
[name of 2nd petitioner if applicable] born on [date of birth of 2nd petitioner] in [place & country of birth of 2nd petitioner]
See [Exhibit B] - Pedigree Chart for [name(s) of Petitioner(s)]
III. ERRORS CONTRASTED WITH FACTS
[My errors were GF, GM, and Father names being wrong. Adjust for your errors here]
Basing the essential facts upon the original birth documents of [name of petitioner’s eldest GM], [name of petitioner’s eldest GF], and [name of petitioner’s father], it becomes evident that subsequent records were teeming with spelling and mathematical errors created by Immigration, Census, and Vital Statistic clerks, and this was compounded by the fact that Petitioner’s immigrant ancestors did not possess the proficiency to speak or write in the English language.
It can only be surmised that even to those ancestors that did comprehend the English language and may have observed these mistakes, amending the errors were inconsequential to their lives, as doing so would not alter facts they already knew and held.
The Italian Consulate is resolute that all errors, which consist of any type of variation in a name, must be addressed by amendment or through a Court judgment stating that the documents presented are and do in fact, pertain to petitioner’s ascendants, and that the errors and facts have been noted.
The documents in question are:
[List out each error document using the below format examples. Adjust the relations’ titles as needed to add more errors etc]
PETITIONER’S FATHER
[Exhibit A/B/C/etc] [Certificate of Birth ETC] [name of petitioner’s father]
[US state department of health name] No. [Certificate Number]
ERROR | FACT | Supporting Documentation |
Child’s name [erroneous name of petitioner’s father] (as recorded on document) | [name of petitioner’s father] (as it should appear) | [exhibit reference showing correct name for petitioner’s father] |
PETITIONER’S GRANDFATHER
[Exhibit A/B/C/etc] [Certificate of Birth ETC] [name of petitioner’s father]
[US state department of health name] No. [Certificate Number]
ERROR | FACT | Supporting Documentation |
Child’s name [erroneous name of petitioner’s father] (as recorded on document) | [name of petitioner’s father] (as it should appear) | [exhibit reference showing correct name for petitioner’s father] |
PETITIONER’S GRANDMOTHER
[Exhibit A/B/C/etc] [Certificate of Birth ETC] [name of petitioner’s father]
[US state department of health name] No. [Certificate Number]
ERROR | FACT | Supporting Documentation |
Child’s name [erroneous name of petitioner’s father] (as recorded on document) | [name of petitioner’s father] (as it should appear) | [exhibit reference showing correct name for petitioner’s father] |
PETITIONER’S GRANDPARENTS & FATHER [Use for US & State Census record name errors with the household names visible]
[Exhibit A/B/C/etc] [Name & Year of US Census such as Twelfth Census of the United States: 1900 Population]
Name: [name of petitioner’s eldest GF] [if Head of Household differs, replace]
Residence: [eldest GP’s address]
Certified by: National Archives and Records Administration
Date of Document: [date of census document]
ERROR | FACT | Supporting Documentation |
Child’s name [erroneous name of petitioner’s father] (as recorded on document) | [name of petitioner’s father] (as it should appear) | [exhibit reference showing correct name for petitioner’s father] |
[Exhibit A/B/C/etc] [Name & Year of County Census such as Suffolk County,: 1905 Population]
Name: [name of petitioner’s eldest GF] [if Head of Household differs, replace]
Residence: [eldest GP’s address]
Certified by: County Clerk, [COUNTY NAME]
Date of Document: [date of census document]
ERROR | FACT | Supporting Documentation |
Child’s name [erroneous name of petitioner’s father] (as recorded on document) | [name of petitioner’s father] (as it should appear) | [exhibit reference showing correct name for petitioner’s father] |
[CONTINUE ADDING ERRORS AS NEEDED FOR CORRECTION. THIS IS ALL I NEEDED FOR MY SITUATION]
IV. EXHIBITS
[Add an Exhibit row and reference letter for each document - this petition is usually considered Exhibit A, so start w/ B and work down through AA, AB, AC, etc. My situation assumes my GF, GM, and father all have name errors to remedy.]
Attached hereto as Exhibits listed:
Exhibit B: Pedigree Chart for: [name of petitioner]
Exhibit C: Certificate of Death: [name of petitioner’s father]
Exhibit D: Certificate of Marriage [name of petitioner’s father]
Exhibit E: Certificate of Birth: [name of petitioner’s father]
Exhibit F: Certificate of Death: [name of petitioner’s eldest GF]
Exhibit G: Certificate of Marriage [name of petitioner’s eldest GF] &
[name of petitioner’s eldest GM]
Exhibit H: Certificate of Birth: [name of petitioner’s eldest GF]
Exhibit I: Certificate of Death: [name of petitioner’s eldest GM]
Exhibit J: Certificate of Birth: [name of petitioner’s eldest GM]
Exhibit K: Ship Manifest : [name of eldest GM’s ship from Italy]
Exhibit L: Ship Manifest : [name of eldest GF’s ship from Italy]
Exhibit M: [Twelfth Census of the United States] [1900] Population
Exhibit N: [State Census, Suffolk County] [1905] Population
V. REQUEST
WHEREFORE, the petitioner(s) requests this Court:
BY__________________________
[name(s) of Petitioner(s)]
In Pro Se
[petitioner address]
[petitioner city, state, zipcode]
Telephone: [petitioner phone number]
Dated: ________________