What is a complete and proper 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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devfx
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What is a complete and proper naturalization?

Postby devfx » 18 Jun 2010, 19:50

My grandfather filed U.S. naturalization papers one or more years before the 1930 birth of my father.

However the ORDER OF COURT ADMITTING PETITIONER dated July 1929 is stamped "ADMITTED" but is not complete. There is no signature of the Judge and there is no date entered in the document body. There is a Certificate of Naturalization number but no actual certificate has ever been located in archive searches.

I also have obtained a "no record" letter from US CIS and am requesting a certification of non-existence of a naturalization record from that office in D.C.

Are there grounds for arguing my grandfather's was never a completed and proper naturalization?

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johnnyonthespot
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Re: What is a complete and proper naturalization?

Postby johnnyonthespot » 18 Jun 2010, 20:01

The documents in your possession came from where?

I am not certain about 1929-era documents, but later versions of the Petition for Naturalization have a section on the back side of the form (people think it is a separate sheet because that is the way it is usually photocopied...) titled "Oath of Allegiance". The filling out of this section is the final step in the naturalization process; a certificate number is written in, the oath is signed by the applicant and by a judge or court clerk, and the process is complete.

The fact that USCIS issued a No Records letter just goes to show how bad their searches can be. If your grandfather filed a declaration and/or a petition, there are records and USCIS should have found them, even if incomplete.

Personally, I would suggest you send a copy of the documents in your possession along with the No Records letter back to USCIS and ask them to search again.
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devfx
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Re: What is a complete and proper naturalization?

Postby devfx » 18 Jun 2010, 20:15

JohnnyOTS,

These are certified NARA documents:
Declaration of Intention - signed by District Court Clerk
Petition and Affidavits - signed by Deputy Clerk
Oath of Allegiance - signed by Clerk
Order of Court Admitting Petitioner - NOT SIGNED - just stamped "Admitted"

Was that the official practice? - I believe not since I have found myriad images of SIGNED Orders.

And also there is no Naturalization Certificate...

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Re: What is a complete and proper naturalization?

Postby johnnyonthespot » 18 Jun 2010, 20:20

Okay, so I just looked at several naturalization petitions from the late 1920's and notice than while some have a signature in the "Order of court..." section, many have little more than quickly scratched initials.

Since you have what appears to be the certificate number, you should go back to USCIS and do a "Records Request". Where the online/mail-in form asks for a "C File" number, you just enter the certificate number adding the letter "C" in front of it.

Honestly, it sounds like your grandfather did naturalize and that he did so before your father's birth. The consulates today are demanding so many layers of proof for non-naturalizations, that I doubt you will be able to meet them all.

If it turns out that you have hit a dead end, I will offer up the possibility of "expedited naturalization" for you; since you have an Italian ancestor up to the 2nd degree (your grandfather), you have the possibility of becoming a dual citizen through the Italian naturalization process. You would have to reside legally in Italy for three years, after which time you would be granted citizenship.
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johnnyonthespot
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Re: What is a complete and proper naturalization?

Postby johnnyonthespot » 18 Jun 2010, 20:21

devfx wrote:And also there is no Naturalization Certificate...


NARA does not have copies of actual naturalization certificates, nor does any other archive.

Copies of certificates can be obtained only from USCIS.
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