Citizenship questions

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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didozo
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Citizenship questions

Postby didozo » 15 Nov 2010, 15:45

Hello
I know this has been discussed before so if there is a previous post, could you direct it to me? I've been to the NY consulate website and also Sons of Italy but am having difficulty finding the exact answers.

What are the benefits of dual citizenship? What are the downfalls?


The paternal GGF naturalized in PA, before 1912 so the GF who was born in Italy was automatically naturalized so no chance through the GF. (correct? I live in NY). However The paternal GM was not naturalized and I have her travel documents, her mom's passport with her listed and boat tickets,(arrival 1913), GM's alien card and death certificate. Do you have to have both grandparents or can it just go through the one? Because the GF was naturalized, did that make all the children lose the blood line when they(GF & GM) got married or because the GM was still Alien/Italian, did she overide that?

I know I'm running out of time before Dec 20, just wondering if it is worth putting a "RUSH" on it and searching the maternal line which I think is more straightforward. The time hasn't been wasteful and I've been able to find out alot more of my husbands family.

Diana
Searching: Allenza -Villalba/Valledolmo, Marsala -Villalba, Trapani-Mistretta, and Mirra/Filippelli- Domanico, Benevento

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Re: Citizenship questions

Postby johnnyonthespot » 15 Nov 2010, 16:12

First up, prior to January 1, 1948, Italian citizenship was passed only by the father. Any children born to your grandmother before that date - regardless of her own citizenshiop - could not inherit Italian citizenship from her.

Any woman who married a US citizen before the passage of the "Cable Act" in 1922 automatically became an American citizen (under US law) and automatically lost her Italian citizenship (under Italian law).

Other relevant info:

When an Italian citizen father naturalized in the US, all of his Italy-born children who were still minors were automatically naturalized as well. Those who were not present in the US at the time became US citizens the moment they stepped on US soil.

Importantly, many US and foreign consulates also subscribe to an interpretation of Italian citizenship law (LEGGE 13 GIUGNO 1912, N.555) which indicates that when a father naturalized prior to July 1, 1912, all of his minor children lost Italian citizenship rights, no matter whether born in Italy or in the US.

The December 20th deadline is only applicable to a very small subset of citizenship cases, those where an ancestor emigrated from the former Austrian-Hungarian territories prior to July 16, 1920. There is no general deadline covering jus sanguinis cases.


Regarding benefits/downfalls: yes, this comes up now and then. One thread which I just found is here http://italiangenealogy.com/Forums/view ... rt=16.html
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Re: Citizenship questions

Postby didozo » 15 Nov 2010, 16:33

Hi and thanks
So it sounds like I have to go through the maternal side. I know the paternal GM & GF didn't marry until after 1922 - that would explain why she still had to register as an alien and had a alien card.

It looks like I'd still be under the Dec 20 deadline as the maternal GF arrived in 1913.
Searching: Allenza -Villalba/Valledolmo, Marsala -Villalba, Trapani-Mistretta, and Mirra/Filippelli- Domanico, Benevento

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Re: Citizenship questions

Postby johnnyonthespot » 15 Nov 2010, 16:38

didozo wrote:It looks like I'd still be under the Dec 20 deadline as the maternal GF arrived in 1913.


No; this expiration date applies only if your ancestor came from the former Austrian-Hungarian territories.

If your ancestor came virtually from any other part of Italy, there is no limit as to when you can apply for citizenship.
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Re: Citizenship questions

Postby didozo » 15 Nov 2010, 17:16

I'm still reading about the unification of Italy so I apologize for my ignorance.
We're talking about Northern Italy? Not Benevento or Sicily?
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Re: Citizenship questions

Postby johnnyonthespot » 15 Nov 2010, 18:56

World history is not my strong point. :)

See http://en.wikipedia.org/wiki/Austria-hungary and in particular the map of the Austrian-Hungarian Empire.

At the end of WWI, the empire was broken up and parts of it ceded to various other nation-states. Italy came away with parts or all of Trentino-Alto Adige/Südtirol and of Friuli-Venezia Giulia.

A person who was born in and emigrated from one of those territories prior to July 16, 1920, and his/her descendants, has the special right to claim Italian citizenship before the current expiration date of December 20, 2010 (I believe the original expiration was five years earlier but like so many of these laws, it was extended).

Effectively, these people were never "Italian" per se, but the Italian government has reached out to them and granted citizenship in an effort to "make whole" families by rejoining those who had already emigrated outside the area with those who were still living in these areas when they were ceded to Italy and thus became Italian citizens automatically

See http://eudo-citizenship.eu/NationalDB/d ... 202000.pdf

The gist of all this is, it almost certainly does not apply in your case. Therefore, there is no expiration date for jus sanguinis citizenship which you need concern yourself with other than the very small possibility that the Italian legislature might revamp its citizenship laws in the forseeable future.

Anyone who can correct me or better explain, feel free to do so. :)
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Re: Citizenship questions

Postby didozo » 15 Nov 2010, 20:31

Thank you very much for this information.

I really am learning quite a bit about Italy and it is quite interesting. I have even learned how to read some but the speaking - I'm going to sign up for a class.
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Re: Citizenship questions

Postby jennabet » 17 Nov 2010, 06:29

Carmine, my parents were both born in the USA to Italian immigrants. Both of my parents inherited Italian citizenship from their fathers. My parents were married in 1944. Are you saying that if they had married prior to 1922, my mother would have lost the Italian citizenship she inherited from her father?

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Re: Citizenship questions

Postby johnnyonthespot » 17 Nov 2010, 10:46

Prior to 1922, a woman in the US was what her husband was. If she married a US citizen, or if her (Italian) husband became a naturalized US citizen, then she became a US citizen as well. See "Derivative Naturalization" at http://www.genealogy.com/31_donna.html

Since Italian law at that time did not permit dual-citizenship, once a women gained US citizenship throuigh marriage, she automatically lost her Italian citizenship. If I understand correctly, the issue which has been raised in some Italian court cases is that since the woman did not renounce Italian citizenship directly and of her own free will, she should not be bound by the result.
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Re: Citizenship questions

Postby didozo » 18 Nov 2010, 14:00

One more question - when putting your papers together for citizenship - can you use the official records from the church or do they need to be official records from the State?
Searching: Allenza -Villalba/Valledolmo, Marsala -Villalba, Trapani-Mistretta, and Mirra/Filippelli- Domanico, Benevento


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