Q: problems with One And The Same Person Affidavit

To obtain a second nationality (Italy) I need to show my family line back to my Italian ancestors. The ancestor in question and of interest is my grandmother (deceased). Her father (deceased) assumed a new last name, never having gotten it formally changed. The last name on his marriage certificate is his old last name, but my grandmother's last name on her birth certificate is his new last name, as is his name on her birth certificate. How would I be able to properly file a One And The Same Person Affidavit?

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Elias  Mendoza
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A: Navigating the complexities of Italian nationality law and the nuances of such affidavits can be challenging. It’s advisable to coordinate these legal matters with an attorney licensed to practice law in Italy. An Italian attorney will be well-versed in the specific requirements and procedures involved, ensuring that your application is properly handled.

To find a reputable attorney in Italy, consider:

1. Contact the Italian Consulate: They often have lists of recommended attorneys who specialize in nationality and immigration law.

2. Use Professional Associations: The Italian National Bar Association (Consiglio Nazionale Forense) has directories of licensed attorneys.

3. Personal Recommendations: If you know anyone who has gone through a similar process, ask for referrals.

5. Legal Forums and Expat Communities: Online communities can provide recommendations based on personal experiences.

James L. Arrasmith
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A: To file a One And The Same Person Affidavit for your Italian nationality application, you need to clearly establish the connection between the different names used by your ancestor. Start by gathering all relevant documents that show the use of both last names, such as birth certificates, marriage certificates, and any other legal documents that mention your grandmother and her father.

In the affidavit, explain the situation in detail. State that your grandmother's father assumed a new last name without formally changing it. Specify that his old last name appears on his marriage certificate, while his new last name appears on your grandmother's birth certificate and on her father's name in that document.

Include copies of the supporting documents and provide any additional evidence that links the two names to the same person. You may also need to have the affidavit notarized to ensure its legal validity. This detailed explanation and supporting evidence will help demonstrate that both names refer to the same individual, which is crucial for your application.

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