Evidence enough for the consulate?

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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Rastafeyd
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Evidence enough for the consulate?

Postby Rastafeyd » 13 Jan 2010, 16:06

My GG Grandfather had his son, my great grandfather, in 1904. He filled out a naturalization application in 1940, which I have a copy of from USCIS, though he never completed the naturalization process before his death. Is this proof enough for the Chicago consulate that he was not naturalized before the birth of his son thereby leaving my connection to jure sanguinis intact? Is it even possible to collect a Certificate of Nonexistence of Record from USCIS, since they actually retrieved his naturalization application. Should I continue to collect documents from NARA, the local courts and state archives? Does anyone have any experience with a similar situation? Thanks.


Mike

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johnnyonthespot
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Re: Evidence enough for the consulate?

Postby johnnyonthespot » 13 Jan 2010, 16:13

Rastafeyd wrote:My GG Grandfather had his son, my great grandfather, in 1904. He filled out a naturalization application in 1940, which I have a copy of from USCIS, though he never completed the naturalization process before his death. Is this proof enough for the Chicago consulate that he was not naturalized before the birth of his son thereby leaving my connection to jure sanguinis intact? Is it even possible to collect a Certificate of Nonexistence of Record from USCIS, since they actually retrieved his naturalization application. Should I continue to collect documents from NARA, the local courts and state archives? Does anyone have any experience with a similar situation? Thanks.


Mike


Logically speaking, the fact that one does not present a document does not prove that the document does not exist.

That being the case, I would think you would need a certification from USCIS (and others) which specifically states that no actual record of naturalization exists. That is, no "Certificate" and no "Oath of Allegiance".

For USICS, I would suggest following the usual procedure for certification (see this page ) and request that they attest to the fact that the only records located were xxxx and yyyy and that no evidence of actual naturalization was found.
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