NorrisLorris

Hello folks,

Odd situation. My friend is American and visited her family in Italy last year. Her mother is American but has a permit to stay, and her brothers are Italian citizens (with a different father). Because they share a different father, she is not Italian.

She has wanted to apply for a permit to stay for quite some time. However her mother has been stealing money from her, and has delayed the whole process. She has now been in Italy, mostly penniless, for a year. The people she is asking to complete the forms are taking forever (her mother and step father) and her mother, after stealing over 4000 euros (meaning she cannot afford a ticket home) has kicked her out.

So here's the problem. She wants a permit to stay. She has been illegal for almost a year. She has no money to get back, and simple wants to get the permit to stay in the same country as her brothers. She does not want to be a tourist, she merely wants to be with her family.

What I am trying to find out for her is if she can still legally apply for the permit even though her 3 months have expired?

I'm concerned that because she is now illegal, the process cannot move forward. Her mother will probably fill in the forms / vouch her for her, but she will inevitably need her own place.

Can she still apply for the permit whilst illegal? Will she likely get it?

Thanks everybody!

mjdh1957

She needs advice from an Italian lawyer specializing in immigration law rather than random opinions from people on a travel forum.

NorrisLorris

Yes. We are aware of that. However that costs money, and we're trying to find out what we can. Should note, there's nothing to be done about the mother, legally we mean. And she doesn't want to take that route.

Jean

If she wants to stay near her brothers, will they provide financial (and housing) assistance for her to see an immigration lawyer? If not, I guess she doesn't mean as much to them as they do to her. And she's up a creek.

NorrisLorris

Her brothers are both teenagers. They live with her mother. He mother, however, has recently turned physically violent against her and thrown her out (she is an adult). Her grandparents send her money every month, but it goes into her mothers account. Rather than give her the money, she has kept every penny and refused to give her anything.

Her brothers cannot do anything. Neither can she. She can stay with friends etc. And her mother will probably vouch for her on the forms. But in financial terms, she is in a difficult situation.

Lexma90

I have no advice on the immigration issue; she'll have to consult an Italian lawyer for that. Is there such a thing as Legal Aid in Italy, where she could get low-cost legal advice?

I would recommend that as it sounds like her grandparents have been helping to support her, that she contact them, have them send the money they've supposedly been sending her to a different account, or wire it to her via American Express or Western Union. And/or ask them if they can get her a plane ticket back to the States.

Jean

Yes, start with the grandparents' financial support. I'm not sure why she waited until 4000 euros had disappeared into the mother's pocket.

The U.S. Consulate/Embassy can help with the transfer of funds and identification of an immigration lawyer (perhaps one that will work pro bono or for reduced fees). She is the victim of a crime (even if she doesn't want to report it) and is destitute. But considering the financial and immigration mess she's in (not to mention the apparent physical danger), it would probably be best if she returned to the U.S. one way or another.

From the State Department website:

How to Access Funds in the U.S.

U.S. consuls can assist Americans abroad who are temporarily destitute due to unforeseen circumstances. Americans who find themselves in these circumstances should contact the nearest U.S. Embassy or Consulate (see http://usembassy.state.gov for contact information) or the State Department’s Office of Overseas Citizens Services at 1-888-407-4747 (during business hours) or 202-647-5225 (after hours). Consular officers can help destitute Americans contact family, bank, or employer to arrange for transfer of funds. In some cases, these funds can be wired through the Department of State. For information on how a consular officer can help under these circumstances, see http://travel.state.gov/travel/tips/...cies_1198.html.

susoir

From what I've seen in discussions in this and other travel/ex-pat forums, the sort of long-term visas or residency permits for Italy that generally apply to U.S. citizens require application to the Italian consulate in the United States before the applicant goes to Italy and stays for more than 90 days.

Such visas also have requirements such as proof of substantial income, proof of health insurance, and proof of residence in Italy. If there is some provision of Italian immigration law that grants residence to homeless, penniless illegal immigrants because they have teenaged siblings who are Italian citizens, it's not likely to be a law with which foreigners on a travel forum would be familiar.

As others have suggested, your time and your friend's time is probably best spent researching the availability of free or low-cost immigration law services in Italy.

NorrisLorris

Thanks guys. It's a poor assumption that we're not looking into alternative means of getting information. This is just one of many sources, and there's always the hope that something crops up. Your information about the embassy, and transferring funds, for example, is extremely useful and merits looking into.

I understand the cynicism, but you've inadvertently proved useful. She is afraid to go to the embassy for fear of being deported, and obviously I can't do much from the UK. But with the details you've provided we can at least look into it. Thank you.

StCirq

The U.S. embassy isn't going to deport her. I'm not even sure they can. It's the Italians who make that decision.

Michael

No need to transfer funds. The grandparents can create an account in a local bank, tell the bank that they will be going abroad to Italy, and send the ATM card to their grand-daughter. The grand-daughter then has access to the money and completely by-passes any issues that may exist with the mother. She does not even have to tell her mother that this is how she is getting money.

Jean

The U.S. Embassy doesn't have the power to deport anyone from a foreign country.

The one thing you can do from the U.K. is help her (presumably with the grandparents) buy an air ticket back to the U.S. It would probably be cheaper than the services of an immigration attorney who may, or may not, be able to help her. I think her quest for residency in Italy may be a lost cause at this point, and I don't understand why she wants to be anywhere near someone who is stealing from her and threatening violence. But if she wants to pursue residency, she'd probably have better luck doing it legally while in the U.S.

After doing a very quick fare search, I see you can buy a round-trip ticket FCO-JFK-FCO on United for as low as 525 euros plus fees/taxes, departing FCO on May 7th. A one-way ticket is running about 1800 euros, so buy a round-trip ticket and just throw away the JFK-FCO portion (or book the return date far into the future when she could possibly have obtained the residency visa). From JFK, she could doubtless get a cheap airfare (or train or bus) to her final destination. You may find something even cheaper if you put some time into it.

asps

There are expedite visa procedures for relatives of legal immigrants (in this case it is a ricongiungimento familiare) or Italian citizens (in this case it is a familiare al seguito). But, as far as I remember, while it is relatively easy to get a visa for a spouse or a minor child, a grown child is generally allowed if he/she is handicapped or too sick to earn an income in his home country. There are also other conditions like having a proper house to live. In most cases the matter should be dealt by the primary immigrant in Italy and at the consulate (including, if required, a medical examination) in the home country of the relative before immigrating. The girl may try to contact an association giving advice to immigrants for details, but it looks like a difficult case even if there were no troubles with her mother, and even more likely impossible to be dealt without exiting Italy.

adrienne

<< She can stay with friends >>

Instead of the friends supporting her why don't they buy her a ticket home?

Jean

This is not a girl or a child. She's an adult woman.

And the mother is not going to become more loving and helpful with regard to the visa application when the grandparents' money stops dropping into her bank account.

JoanCarles

I know one who could help. But it is Spanish:
http://www.kirarompao.es

StCirq

This thread is 3 years old, JoanCarles