Double checking eligibility jus sanguinis, with some complic

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.
LDL707
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Double checking eligibility jus sanguinis, with some complic

Postby LDL707 » 20 Jun 2011, 22:24

Double Checking Eligibility

I'm fairly certain that I'm eligible for Italian citizenship, but I just wanted to make sure. I will be applying through the Chicago consulate.

My great-great-grandfather was born in Pontremoli, Massa-Carrara in 1853. At some unknown point, but probably in the mid-1870s, he emigrated to London. He married my great-great-grandmother there in 1878. Pietro never became a British citizen.

My great-grandfather was born in London in 1900. He emigrated to the United States in 1921. He married my great-grandmother in 1924 in New York City. He naturalized as an American citizen in November of 1927--thankfully, several months after my grandfather was born. He later legally changed his name in New York City.

My grandfather was born in June 1927, in New York City. He was married in 1953 in New York.

My father was born in Missouri, in 1957. He was married in 1981 in Chicago.

I was born in 1982 in Chicago.


My first question is this:

1) Is there any reason that I wouldn't be eligible?

Now, the more complicated questions:

2) I have heard that the comune of Pontremoli does not have civil birth records dating back to 1853. Does anybody know if this is true? If so, how do I prove that my great-great-grandfather was born in Italy, to satisfy the Italian consulate?

3) I cannot prove when my great-great-grandfather left Italy. I have heard different things about citizenship at the time of the unification. I have heard that, in order to become an Italian citizen, one had to be physically in Italy in 1861. I have also heard that all living people who were born in Italy--regardless of where they lived at the time--were made Italian citizens. Which of these is true? Do I need to prove that my great-great-grandfather was physically in Italy in 1861, or not? If so, how can I do this to the satisfaction of the Italian consulate?

4) Do I need to present the consulate with the documents relating to my great-grandfather's name change? He went by a number of names throughout his life--his original Italian-sounding name (Domenico), his more Anglicized name (Domenic), and the name to which he legally changed (Lionel). He also used the name Lionel familiarly long before he legally changed it. Would an affidavit explaining this suffice, or do I have to come up with documentation?

5) As near as I can tell, the documents that I need to produce are:
    My GG-Grandfather's Birth Certificate from Pontremoli, if it exists.
    My GG-Grandmother's Birth Certificate from Corsica
    My GG-Grandparent's Marriage Certificate from England with Apostille and translation
    Letter of No Naturilization from England for my GG-Greatgrandfather
    My G-Grandfather's Birth Certificate from England with Apostille and translation
    My G-Grandmother's Birth Certificate from Slovakia
    My G-Grandparent's Marriage Certificate from NY with Apostille and translation
    My Grandfather's Birth Certificate from NY with Apostille and translation
    My Grandmother's Birth Certificate from England
    My Grandparent's Marriage Certificate from New York with Apostille and translation
    My Father's Birth Certificate from MO with Apostille and translation
    My Mothers's Birth Certificate from IL
    My Parent's Marriage Certificate with Apostille and translation
    My Birth Certificate with Apostille and translation

Does this look right?

Do I need to provide the following?

    My GG-Grandfather's Death Certificate with Apostille and translation
    My G-Grandfather's Death Certificate with Apostille and translation
    My G-Grandfather's Name Change Order with Apostille and translation
    My G-Grandfather's US Certification of Naturalization
    My Grandfather's Death Certificate with Apostille and translation

Thanks for your help,
Lionel

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johnnyonthespot
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Re: Double checking eligibility jus sanguinis, with some com

Postby johnnyonthespot » 21 Jun 2011, 13:30

Are you eligible? Sure... with reservations.

Your great-great-grandfather would have gained Italian citizenship no matter where he was located at the time of unification, but [ob]only[/b] if he had not already taken on another nationality.

You have a lot of work to do in your case. You will need to show first that your great-great-grandfather did not became a British citizen prior to the unification of Italy nor prior to great-grandfather's birth.

Next, you need to prove that your great-grandfather did not become a British citizen. At the time in question, I do not believe Britain had jus soli citizenship; if his father was still Italian, then great-grandfather would have been born with only Italian citizenship. However if great-great grandfather had already become a British subject, then great-grandfather would have been born solely British.

If your great-grandfather was born with Italian citizenship in Britain, you will need to prove that he did not relinquish same by becoming a British subject on his own.

Next up, you need to prove that great-grandfather did not become a US citizen prior to the birth of your grandfather in New York.

Do you know for a fact that your great-grandfather became a US citizen? Do you have the documents? Ideally, these will say that he was renouncing his Italian citizenship in order to become a US citizen. However, this will probably not be enough to satisfy your consulate that great-grandfather actually had Italian citizenship at the time. Sadly, I believe you are going to have to do a lot of work to prove that there were no naturalizations which took place during the years in Britain.
Carmine

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