Dr. Balian, what motivated him to specialize in issues of immigration law and how did the idea of creating citizenship and law arise?
Law and migration have always been part of my life. My family, with Armenian -italian roots, lived closely the challenges of moving in search of a safe home. My paternal grandparents fled the brutal genocide that Turkey perpetrated against the Armenian people and found refuge in Buenos Aires, where my father, also a lawyer, built a life in peace, creating a family and founding a recognized study in the city of Quilmes. On the side of my mother, also a lawyer, my roots are in Sant’Arcangelo, a small Italian town in Basilicata, from where they emigrated to Argentina in search of a better present and future. Growing up with these stories, where migration was such a present experience, taught me to empathize deeply with those looking for a new opportunity.
After receiving me as a lawyer at the Pontifical Argentine Catholic University, this mixture of cultures and experiences gave me a clear vocation: immigration law. Working in the Judicial Branch of the Argentine Nation, in the Federal Civil and Commercial Judgment, where Argentine citizenships are processed, I realized that my future was to help people obtain recognition of their rights as citizens. Thus was born the “Citizenship and Law” project and I founded my own study in Italy, where I currently reside and put into practice not only my legal knowledge, but also my personal experience as a descendant of immigrants. This experience inspires my work and allows me to better understand the difficulties facing those who seek to assert their rights, such as obtaining shifts in consulates or completing complex procedures.
In addition, aware of the serious difficulties that exist for years to get shifts in consulates, I specialized in the realization of judgments for consular delay: a solution to the denial of a right.
From their experience, what are the most common mistakes that people commit when trying to obtain their citizenship, and how can they avoid them?
The way to Italian citizenship may seem simple, but it is full of critical details that should not be dismissed. There are two main mistakes that are usually committed by those who seek to obtain Italian citizenship, and both can generate a lot of subsequent complications. The first mistake is not advising specialized professionals and based on information found on the Internet, which is often not updated or incorrect. The second error is to underestimate the complexity of the process. Both factors can lead to serious mistakes, such as presenting incorrect or incomplete documentation, not properly reviewing family documents or not correcting errors in records, which causes confusion in the authorities and, ultimately, delays or even denies recognition of citizenship. With adequate advice, these problems can be avoided, allowing families to enjoy the benefits of double citizenship quickly and safely.
These mistakes not only cost time, but also money, and in some cases they can lead to the frustration of losing the opportunity to obtain citizenship. Therefore, I always recommend working with professionals who know the process thoroughly and can guide applicants safely, orderly and efficiently. Obtaining double citizenship is a huge benefit for families, both in the present and in the future; It is an invaluable opportunity. It allows to open doors, build a better future and keep cultural roots alive.
How has citizen legislation changed in recent years, and what implications does this have for people who seek to regularize their situation?
Although there have been no drastic legislative changes in terms of the transmission of Italian citizenship by offspring, we have seen in recent years a hardening in the application of certain requirements. Today, every detail counts. Italian consulates and the communes are stricter in the review of the documentation, especially with regard to dates, names and places written there. The quality and format of the documents, as well as the translations, must comply with very precise standards.
A few weeks ago, the Italian Cassation Court issued a transcendental ruling that could limit the right of people whose Avo (ascendant born in Italy) has been naturalized as Argentine while the relevant child in the line of offspring was still a minor. According to this new sentence, in these cases, the youngest son would have automatically lost Italian citizenship at the time his father acquired Argentine citizenship. While what guides us is the law, this sentence can lead to various interpretations by Italian judges. In these cases, the intervention of a specialized lawyer is crucial to analyze the particularities of the case, decide the best strategy and maximize the chances of success.
It is key to investigate family history and gather solid documentation. This implies that those who want to request citizens for offspring should prepare for a rigorous process, especially in countries with great demand, such as Argentina or Brazil, where consulates have long and uncertain waiting times. Having professional advice is more important than ever, since a specialized lawyer can ensure that all requirements are met correctly, minimizing errors and delays risks.
What role do legal advice play in the process of obtaining citizenship, and why are they essential for those who seek this goal?
Having a lawyer specialized in citizenship and immigration makes a huge difference in the result of the process. A lot of people hires me to make the trial for consular delay due to the impossibility of getting shifts in consulates. They are very safe, quite fast judgments and that, if they face in family, are also economical. A professional knows all the legal and administrative aspects that surround the application and the trial, which significantly reduces the margin of error by adopting an adequate strategy. In addition, a lawyer can foresee and solve exceptional complications that could be invisible to someone who has no experience in the area, and handle complex or problematic situations.
From the evaluation of eligibility to the presentation and monitoring of the documents before the authorities, the professional accompaniment ensures that the process is more efficient, avoiding unnecessary delays. It is also essential to have someone who can manage appeals or resolve rejections, something that can be very intimidating for applicants. Thanks to our personalized attention and detailed knowledge of the system, none of our requests has been rejected so far.
Could you share with the news public any case or success story that has been particularly significant for you in your work with citizenship and law?
Each case we handle in the study has a special meaning because we know that behind each request there is a family, an economic effort, a history, an identity and an illusion. I am proud to be able to say that we have helped families to obtain their Italian citizenship, many of which now live in Europe, where they have been able to build a new future, open business and give their children a better quality of life.
I am also proud to be able to tell that we have managed to provide a safe life and a better future to families that, escaping from war, political, racial or religious persecution, could be established in Italy thanks to the fact that we manage their request for political asylum. I especially remember the case of a Ukrainian family who arrived in Italy after fleeing from the war. We process their request for political asylum and, with the recognition of their rights, they could rebuild their lives here, opening a small business that is now their livelihood. Families that, like my paternal grandparents when they fled from the Turkish genocide, found in Argentina a safe place to start over. Being able to contribute to people who have gone through such difficult situations find peace and security is, without a doubt, one of the greatest satisfactions of my career.
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By CEDOC
