1948 rule apply if never Naturalized?

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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1948 rule apply if never Naturalized?

Postby sceaminmonkey » 17 Sep 2010, 03:19

so I am trying to read all of the posted forum topics to better educate myself. I am curious for the 1948 rule applying if someone never naturalized. My GGM never became an American citizen and my grandfather was born in 1916. I am applying through my GGF but am curious can my GGM still pass it to her children if born before 1948 if she never became an american. She died an Italian though here in the USA.

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Re: 1948 rule apply if never Naturalized?

Postby johnnyonthespot » 17 Sep 2010, 10:54

The "1948 rule" is pretty straightforward.

As you may recall, prior to the ratification of the 19th ammendment to the US Constitution in 1920, women in the United States did not have the right to vote in most elections.

Similarly, women in Italy had very few legal rights until the implementation of the modern post-WWII Italian Constitution which went into effect on January 1, 1948. Prior to that date, Italian citizenship was passed only through the male parent.

Your GGM (or any Italian woman) could not pass Italian citizenshiip to her children born before January 1, 1948, regardless of her citizenship status.

Italian women, by the way, only gained the right to vote ("universal suffrage" in 1946.

PS: Had GGM became an American citizen (or otherwise gave up her Italian citizenship), then she could not pass Italian citizenship to her children born after the date of naturalization regardless of whether before or after 1/1/1948.

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