Sometimes it is necessary to obtain a “One and the same person Court order” from a State or Federal jurisdiction in order to obtain specific benefits, such as:
• Payment of benefits
• Inheritance purposes
• Tax purposes
Moreover, a One and the same person Court order is often required to file an application for Italian Dual Citizenship.
Italian law is based on the Jus Sanguinis principle, under which it is possible to claim the right to Italian citizenship by ancestry if it can be proven that there is an ancestor in the family that was an Italian citizen.
Many Italian immigrants arriving to New York (Ellis Island) during the 1900’s changed their names during the immigration process. In cases like this, there are inconsistencies between documents (generally, between birth and death certificates), which make it very difficult to prove that the required ancestral relation exists.
The problem may be solved with a One and the same person Court order. In order to get it, it is often necessary to hire a licensed Citizenship Lawyer in New York.
The procedure involves a lawsuit against the State of New York.
Once a petition for a declaratory judgment is filed, the Attorney General for the State of New York may or may not file an answer and oppose the request. The decision depends from what kind of supporting evidence is filed with the Court in support of the application for declaratory judgment.
The most complex task in a case for a One and the same Court order is to link the Italian and American names of the ancestor. This requires a comprehensive investigation into the records of both Italian and New York City Halls.
If the order is entered by the Court, the Italian Consulate (ufficio immigrazione) will be bound by it, and will not be able to deny the citizenship case on the basis of the discrepancies in the documents.