I'm so confused.... can I still get my dual 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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cablizard
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I'm so confused.... can I still get my dual citizenship

Postby cablizard » 09 Apr 2010, 01:33

If my GF naturalized in late 1920s, my GM came here in 1912 (listed by her maiden name though was married at the time), I am assuming she became naturalized automatically because my GF did. My dad was born in the US. Can I still apply for my dual citizenship through my GM?

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Re: I'm so confused.... can I still get my dual citizen

Postby johnnyonthespot » 09 Apr 2010, 02:15

Italian women, then and now, do not change their legal name when they marry. When they travel without their husband as your grandmother did, they do so under their own name - the name they were given at birth.

When was your father born? Before or after your grandfather naturalized?
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Re: I'm so confused.... can I still get my dual citizen

Postby cablizard » 09 Apr 2010, 02:18

My dad was born just after my GF naturalized, that is why I am asking if we can still go through grandmother if she never naturalized on her own, just through GF getting naturalized.

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Re: I'm so confused.... can I still get my dual citizen

Postby johnnyonthespot » 09 Apr 2010, 02:26

Read this and see what you think it means:

Derivative Naturalization
Spouses and children may derive their citizenship from their husband/father and not have to go through the procedure themselves. Up until 1922, a foreign born woman who married an American citizen became naturalized upon marriage or, if her husband was foreign born, when he became a citizen. No separate filings were required. Prior to 1906, they usually were not even mentioned in the husband's petition.

After 1922, a woman had to be naturalized on her own. However, from 1907 to 1922, if a woman married an unnaturalized alien, she took his citizenship. This created one particularly bizarre situation for a woman who was born in Poland in September 1901. In November of that same year she came to the U.S. with her parents. Her father obtained citizenship in 1906 and she automatically became a citizen as well. In 1918 she married a man who had immigrated from Russia in 1913, but was not yet a citizen. She lost her citizenship because of this rule. In November 1922, her husband became a citizen. This did not help her because on September 22, 1922, the law was changed to say that any alien woman who married an American does not become a U.S. citizen automatically. She applied on her own and again became a U.S. citizen in 1942!

Children under the age of 21 automatically become citizens by the naturalization of a parent. However, there are many exceptions to this law regarding residence, whether or not a Declaration is required, what happens if the parent dies or becomes insane, adopted children, illegitimate children, step-children, and children born abroad.

Source: http://www.genealogy.com/31_donna.html
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Re: I'm so confused.... can I still get my dual citizen

Postby johnnyonthespot » 09 Apr 2010, 02:30

I should add that it has always been my impression that when the husband naturalized, his Italian-born wife naturalized with him, so I am just a little confused right now. It's been a long day and perhaps my brain has shut down already. :)

Certainly seems worth looking into though...
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Re: I'm so confused.... can I still get my dual citizen

Postby johnnyonthespot » 09 Apr 2010, 02:32

Oops! Wait a minute:

Your grandmother could not pass citizenship to her children born prior to January 1, 1948. Before that date, Italian citizenship was passed only by the father.

I knew there was something about this that wasn't adding up.
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Re: I'm so confused.... can I still get my dual citizen

Postby cablizard » 09 Apr 2010, 02:32

To me it means, since my GF was nationalized after 1922, my grandmother was naturalized and would still be an Italian citizen, though my dad was born under a naturalized parent. So I believe I can still get my dual citizenship? Perhaps? What do YOU think? LOL!

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Re: I'm so confused.... can I still get my dual citizen

Postby johnnyonthespot » 09 Apr 2010, 02:33

No, sorry - see my last post.
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Re: I'm so confused.... can I still get my dual citizen

Postby cablizard » 09 Apr 2010, 02:40

Sorry, I messed up on my post, I meant to say my GM did NOT go through the procedure of naturalization. In the article above, it says if After 1922, a woman had to be naturalized on her own. My GF got naturalized in 1926 or 27 just before my dad was born, but she did not. They were in the US since 1912 and married. So does that mean she is still an Italian citizen? and can we go through her instead of my dad, who was born here in 1927.

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Re: I'm so confused.... can I still get my dual citizen

Postby johnnyonthespot » 09 Apr 2010, 10:00

Although she most likely remained an Italian citizen, it does not help your situation.

Prior to January 1, 1948, Italian citizenship was passed only by the father. Since your own father was born in 1927, he could not gain Italian citizenship from his father (already naturalized US citizen) nor from his mother (1948 rule). Your father did not inherit Italian citizenship; thus neither did you.

Although you would not qualify for citizenship jure sanguinis, you could become an Italian citizen by virtue of descent up to the 2nd degree. This requires living in Italy, legally, for a period of three years at which time you could apply for citizenship through naturalization.

What is your mother's heritage?
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Re: I'm so confused.... can I still get my dual citizen

Postby cablizard » 09 Apr 2010, 13:55

Ok, that's too bad. Thank you for your info. I appreciate it greatly. Just one more thing, If I were to go to Italy and live there for 3 years though and then naturalize, then I would have to give up my American citizenship yes?

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Re: I'm so confused.... can I still get my dual citizen

Postby johnnyonthespot » 09 Apr 2010, 14:07

cablizard wrote:Ok, that's too bad. Thank you for your info. I appreciate it greatly. Just one more thing, If I were to go to Italy and live there for 3 years though and then naturalize, then I would have to give up my American citizenship yes?


No, you would be a dual citizen.

While Italian naturalization is not the same as gaining citizenship jure sanguinis, for all practical purposes it has the same effect.
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