Derivative Naturalization

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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mromano
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Derivative Naturalization

Postby mromano » 06 Jan 2010, 01:37

My great-grandfather was born in Italy, and my grandfather was born in the US.

My Italian-born great-grandfather signed his Declaration of Intention when my US-born grandfather was a minor. Then my GGF signed his Naturalization papers when my GF was a legal adult.

Is my GF still a dual citizen, US and Italian? Or did he lose Italian citizenship when my GGF signed his Declaration of Intention?

I'm very confused about derivative naturalization. Thanks very much for your help!

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johnnyonthespot
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Re: Derivative Naturalization

Postby johnnyonthespot » 06 Jan 2010, 02:15

mromano wrote:My great-grandfather was born in Italy, and my grandfather was born in the US.

My Italian-born great-grandfather signed his Declaration of Intention when my US-born grandfather was a minor. Then my GGF signed his Naturalization papers when my GF was a legal adult.

Is my GF still a dual citizen, US and Italian? Or did he lose Italian citizenship when my GGF signed his Declaration of Intention?

I'm very confused about derivative naturalization. Thanks very much for your help!


What age are you assuming to be a "legal adult"? I have to check, but I think 21 was the magic number...

When did the naturalization occur (date the oath of allegiance was signed)?

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mromano
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Re: Derivative Naturalization

Postby mromano » 06 Jan 2010, 02:51

My GGF signed the Declaration of Intention two separate times, first when my GF was 11, the second when my GF was 24.

My GGF signed the Certificate of Loyalty when my GF was 26.

My GGF signed the Petition for Naturalization & the Oath of Allegiance when my GF was 27.

I have two different questions:

1) Does the Declaration of Intention affect minor children's citizenship status? My GF was age 11 when my GGF signed it.

2) Does Derivative Naturalization affect citizenship status for US-born children, or only foreign-born children? My GF was born in the US, so he is American, and his father (my GGF) was born in Italy. So if my GGF naturalized and lost his Italian citizenship by becoming American, would Derivative Naturalization even affect a child that is already American?

Thanks so much for your help! =)

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johnnyonthespot
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Re: Derivative Naturalization

Postby johnnyonthespot » 06 Jan 2010, 04:10

mromano wrote:My GGF signed the Declaration of Intention two separate times, first when my GF was 11, the second when my GF was 24.

My GGF signed the Certificate of Loyalty when my GF was 26.

My GGF signed the Petition for Naturalization & the Oath of Allegiance when my GF was 27.

I have two different questions:

1) Does the Declaration of Intention affect minor children's citizenship status? My GF was age 11 when my GGF signed it.

2) Does Derivative Naturalization affect citizenship status for US-born children, or only foreign-born children? My GF was born in the US, so he is American, and his father (my GGF) was born in Italy. So if my GGF naturalized and lost his Italian citizenship by becoming American, would Derivative Naturalization even affect a child that is already American?

Thanks so much for your help! =)


US born children are American citizens from birth thus have no need to naturalize. The answer to #2 is, no, derivative naturalization does not apply to US born children.

The answer to #1 to the best of my knowledge is that the only date which matters is the date the oath of allegiance is signed (which is effectively the moment naturalization actually occurs). Since your grandfather was already 27 years old at that point, I cannot imagine that he was affected by his father's naturalization.

********

You know, I am just re-reading your origianl post and realize that I was led astray by your original question... As I mentioned in response to #2 above, if your grandfather was born in the US then his father's naturalization is moot (so long as it occured after grandfather's birth). Derivitive naturalization applied only to minor children who were born outside the US. If your grandfather had been born in Italy and emigrated to the US with his father, then and only then would the issue of derivative naturalization be of concern.

I would say that you are totally in the clear having demonstrated an unbroken line of Italian citizenship. Congratulations!

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mromano
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Re: Derivative Naturalization

Postby mromano » 06 Jan 2010, 04:33

johnnyonthespot wrote:I would say that you are totally in the clear having demonstrated an unbroken line of Italian citizenship. Congratulations!


Great news! Thanks very much for your help!


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