does a minor loose Italian citzenship with derivative nat?

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.
User avatar
Steverino3006
Rookie
Rookie
Posts: 77
Joined: 26 Mar 2009, 14:21

does a minor loose Italian citzenship with derivative nat?

Postby Steverino3006 » 31 Mar 2009, 05:24

in anticipation of my cousin's question (her dad was born in Italy; mine was born here):

GF born in Italy
F born in Italy
both come to the US
GF naturalizes in US circa 1928; F as a minor gets derivative US naturalization

did F loose his Italian citizenship? (does it matter his age or understanding of what was happening?)

User avatar
mler
Master
Master
Posts: 1627
Joined: 01 Apr 2006, 00:00

Re: does a minor loose Italian citzenship with derivative na

Postby mler » 31 Mar 2009, 12:55

Yes, he did lose Italian citizenship. Italy recognizes a parent's right to make naturalization decisions on behalf of a minor. Sorry.

BTW, if the minor, upon reaching his majority, chose to disaffirm this decision, that would restore Italian citizenship. Realistically, however, that was unlikely to happen since doing so would have resulted in the loss of U.S. citizenship.

User avatar
corrado
Elite
Elite
Posts: 359
Joined: 12 Dec 2006, 00:00
Location: Chicago, IL

Re: does a minor loose Italian citzenship with derivative na

Postby corrado » 02 Apr 2009, 03:54

I think you need to check this out, Derative citizenship stopped I belive in 1922 or 1926. I could be wrong, but unless both parents naturalized not just the father, us citizenship does NOT pass to the child after those dates. The child has to apply on their own. So I think you may be ok.

User avatar
corrado
Elite
Elite
Posts: 359
Joined: 12 Dec 2006, 00:00
Location: Chicago, IL

Re: does a minor loose Italian citzenship with derivative na

Postby corrado » 02 Apr 2009, 03:55

I think you need to check this out, Derative citizenship stopped I belive in 1922 or 1926. I could be wrong, but unless both parents naturalized not just the father, us citizenship does NOT pass to the child after those dates. The child has to apply on their own. So I think you may be ok.

User avatar
Steverino3006
Rookie
Rookie
Posts: 77
Joined: 26 Mar 2009, 14:21

Re: does a minor loose Italian citzenship with derivative na

Postby Steverino3006 » 02 Apr 2009, 12:44

corrado wrote:I think you need to check this out, Derative citizenship stopped I belive in 1922 or 1926. I could be wrong, but unless both parents naturalized not just the father, us citizenship does NOT pass to the child after those dates. The child has to apply on their own. So I think you may be ok.


most web sites talk about current law, but this one has a chart showing historical derivative citizenship mechanisms. If it is correct, my cousins are still out of luck (at least as far as their dad's side).

http://www.shusterman.com/citz-chart1.html

User avatar
mler
Master
Master
Posts: 1627
Joined: 01 Apr 2006, 00:00

Re: does a minor loose Italian citzenship with derivative na

Postby mler » 02 Apr 2009, 12:44

Before 1922, American women citizens who married foreign men lost their U.S. citizenship. In 1922, the Cable Act ended this travesty.

However, foreign born minor children whose parents naturalized, naturalized with their parents. This is the derivative citizenship to which I think Steverino refers; and unfortunately, citizenship derived in this manner does constitute renunciation.

The law has changed over the years, but essentially that's how it worked in the early part of the 20th century.

User avatar
mler
Master
Master
Posts: 1627
Joined: 01 Apr 2006, 00:00

Re: does a minor loose Italian citzenship with derivative na

Postby mler » 02 Apr 2009, 12:49

Steverino, the chart you posted will be invaluable for many people trying to determine their eligibility. I'm sorry it doesn't work for your cousins. Hope they can find another route.

User avatar
Steverino3006
Rookie
Rookie
Posts: 77
Joined: 26 Mar 2009, 14:21

Re: does a minor loose Italian citzenship with derivative na

Postby Steverino3006 » 02 Apr 2009, 12:56

mler wrote:Steverino, the chart you posted will be invaluable for many people trying to determine their eligibility. I'm sorry it doesn't work for your cousins. Hope they can find another route.


thanks. Here is another chart that might prove helpful to others. This forum should save these charts someplace, in case they disappear from where I found them.

http://www.shusterman.com/citz-chart2.html

User avatar
teddi
Veteran
Veteran
Posts: 100
Joined: 14 Sep 2008, 19:40

Re: does a minor loose Italian citzenship with derivative na

Postby teddi » 06 Apr 2009, 17:23

I'm a bit confused. Both charts appear to cover the case of children born abroad to a US citizen. Isn't the issue a person born abroad, moving to the US, and their parent naturalizing ?

User avatar
Steverino3006
Rookie
Rookie
Posts: 77
Joined: 26 Mar 2009, 14:21

Re: does a minor loose Italian citzenship with derivative na

Postby Steverino3006 » 07 Apr 2009, 00:10

teddi wrote:I'm a bit confused. Both charts appear to cover the case of children born abroad to a US citizen. Isn't the issue a person born abroad, moving to the US, and their parent naturalizing ?


now I'm confused. you are right, valuable as those charts might be to others, they do not show the history of derivative naturalization in the US.

User avatar
Steverino3006
Rookie
Rookie
Posts: 77
Joined: 26 Mar 2009, 14:21

Re: does a minor loose Italian citzenship with derivative na

Postby Steverino3006 » 07 Apr 2009, 00:29

another, very legalistic law review article. .page 15nus most interesting, but seemingly does not apply to my cousins

http://www1.law.nyu.edu/pubs/annualsurv ... 7_2008.pdf


Return to “Emigration, Immigration, Naturalization and Italian citizenship”

Who is online

Users browsing this forum: No registered users and 1 guest