Derivative US citizenship causes loss of Italian citizenship

Over 25 million Italians have emigrated between 1861 and 1960 with a migration boom between 1871 and 1915 when over 13,5 million emigrants left the country for European and overseas destinations.
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obraustin1
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Derivative US citizenship causes loss of Italian citizenship

Postby obraustin1 » 17 Mar 2009, 01:42

Hello. I am new to this forum and have been reading as many posts as possible to see if my question has been addressed, but it doesn't appear to have been.

Here's the background: my fiance is researching his ability to apply for Italian citizenship jure sanguinis through his father/grandmother (born in U.S., 1924)/great-grandfather (born in Italy, 1887.

In our original inquiry with USCIS, we were informed that his great-grandfather naturalized in 1940; as his grandmother was born in 1924, it seemed a logical conclusion that my fiance could obtain Italian citizenship.

Today, however, we received the detailed naturalization documentation of the great-grandfather. We've discovered that, though he wasn't issued a naturalization certificate (I can't tell if he had to take the Oath of Allegiance at that time) until 1940, he was granted U.S. citizenship based on the fact that his father (the great-great-grandfather of my fiance) naturalized in 1905, when the great-grandfather was under the age of 18.

We have census records, draft registration records, etc. from between 1905 and 1940 that note that great-grandfather listed himself as an "Alien" or as "PA" (papers filed). He didn't submit the naturalization paperwork until 1938/9.

Does anybody know if great-grandfather lost his Italian citizenship upon his father's naturalization in 1905 or upon his being issued a naturalization certificate in 1940?

Thanks for any guidance you can give!

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VaDeb
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Re: Derivative US citizenship causes loss of Italian citizen

Postby VaDeb » 17 Mar 2009, 02:03

It might help if you can state what country your ancestors were born in.

Great great grandfather Italy in year?
Great grandfather in ____ in year
Grandmother USA in 1924
Father USA

Wait for someone more familiar than me to comment, but the 1924 may be a problem.

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obraustin1
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Re: Derivative US citizenship causes loss of Italian citizen

Postby obraustin1 » 17 Mar 2009, 15:55

~ Great-great-grandfather was born in Italy in the 1800s (I don't have the documents in front of me, so I don't know the exact date). He natzed in 1905.
~Great-grandfather was born in Italy in 1887. He applied for and received a certificate of derivative citizenship and took the oath of allegiance in 1940.
~Grandmother was born in the U.S. in 1924.
~Father was born in the U.S. in 1950-something.

I think what's clear from the documents we received from our USCIS search is that great-grandfather derived citizenship through his father's naturalization, but that he didn't document his citizenship or take the oath of allegiance until 1940.

How does the Italian government view the renunciation of Italian citizenship? Is it the date the national takes the oath of allegiance (as I'm hoping it is) or is the date that the derivative citizenship was initiated by the father's naturalization (please, no!) that takes precedence?

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mler
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Re: Derivative US citizenship causes loss of Italian citizen

Postby mler » 17 Mar 2009, 17:17

Unfortunately, it is the date that the derivative citizenship was obtained that matters. Thus, his ggrandfather obtained citizenship in 1905.

The year 1905 presents another problem in that some consulates have determined that any naturalization taking place before 1912 ended the possibility of passing citizenship to offspring. The date is significant because it is the year jure sanguinis was established as the method of establishing Italian citizenship.


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