Among the reasons for the “incorrect” names were the immigrant’s using:
The famous Italian actor and Latin Lover, RODOLFO VALENTINO, changed his name for other reasons.
His name was definitively too long and difficult to pronounce. The hard-to-remember “Guglielmi” was shed in favor of “di Valentini,” but that was put through a veritable wringer of different spellings: “di Valentina,” “De Valentina,” “Volantino,” “Valentine” and “De Valentine,” all of which might be paired with “Rodolfo,” “Rudolpho,” “Rodolph,” or “Rudolf” with careless abandon. Eventually he settled on “Rudolph Valentino,” which certainly had flair, and asked that his friends call him Rudy.
In the following link you will find letters from immigrants to U.S. explaining their name changes and an essay about immigrants’ tendency to change their names.
Individuals who are applying for Italian citizenship by descent are required to produce many documents, such as birth certificates, marriage certificates, death certificates.
In fact, they need to prove that the ancestor who expatriated and his/her direct descendants maintained their right to Italian citizenship (aka never renounced Italian citizenship) and, in the event that their Italian parent was a naturalized citizen, were born before that parent renounced Italian citizenship via naturalization.
These vital records have often names or dates discrepancies, not only because many immigrants changed their names but also because their name was mistakenly recorded. In many cases, the mistake was done not upon arrival but at the shipping line’s station in Europe, by clerk who wrote the passenger’s name in the ship’s manifest.
Italian law is quite formal and does not leave much flexibility or discretion to the the Office that need to decide upon the adjudication, in case submitted documents have discrepancies or mistakes. In fact, any documents containing:
Procedure to obtain the correction of a certificate or vital record change from country to country. Italian offices generally do not accept affidavits or sworn self-declarations. In some cases, correction can be done directly by the Office of Vital Statistics but when this is not doable the correction shall be obtained through a Court proceeding, which can be lengthy (expensive!) and the outcome unpredictable.
Consulates suggest the applicant to obtain a written statement from the vital records office where the certificate was requested stating that the document does not exist. The statement must clearly explain the reason why the record does not exist. The office where application is filed will discretionary assess whether the statement can be taken into account and be considered as validly replacing the missing certificate. However, this is not often achievable.
The COURT OF CASSATION (decision n. 14194/2024) has recently ruled that the proof of the Italian lineage, in the absence of a birth certificate- can be given by the applicant also with any other means. The Court pointed out that articles 236, paragraph 2 and art. 237 Civil Code must be applied and the proof of filiation can be provided with any means, such as written documents, photograph and witnesses.
But the Court ruling is not binding: it is therefore possible (if not likely) that Consulates and other offices that are submitted with documents different from the ones specifically listed in Circular K.28/1991 will deny citizenship alleging that the applicant has not provided the required documents and the denial will need to be challenged in Court.
If there were no registries in existence at the time of your ancestors’ birth, applicant can submit:
Accurate documentation is essential for legal processes, particularly in citizenship applications. Name discrepancies, clerical errors, or missing records can create significant obstacles, potentially delaying or even preventing an application from being approved. Understanding the historical reasons for name changes, the importance of document consistency, and the legal procedures for correcting errors is crucial for those seeking Italian citizenship by descent. Applicants should take the necessary steps to verify, correct, and compile their documents well in advance to ensure a smoother process.
This article was written by Marco Mazzeschi and Giuditta De Ricco
This article is posted by Mazzeschi Web Content Manager. Should you need any further information, please do not hesitate to contact us at info@mazzeschi.it. Follow us on social media @StudioMazzeschi to receive the latest updates.