Read something about going to Trial for 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.
User avatar
mcoccaro
Rookie
Rookie
Posts: 38
Joined: 08 May 2010, 11:46

Read something about going to Trial for citizenship

Postby mcoccaro » 02 Jul 2011, 16:12

I read that you can be represented at a trial if you are trying to obtain citizenship but your parent is born before 1948. Is this true?

My paternal great grandfather was an Italian citizen (never was naturalized in the US) my grandmother was born in the US but my father was born in 1922 - am I ineligible for Italian citizenship?



On the other side my grandpa was born in Italy naturalized in 1915 but my father was born in 1922 am I ineligible on this side?

User avatar
johnnyonthespot
Master
Master
Posts: 5229
Joined: 04 Aug 2008, 15:01
Location: Connecticut, USA

Re: Read something about going to Trial for citizenship

Postby johnnyonthespot » 02 Jul 2011, 16:37

You are ineligible on both sides, based on what you posted above.

Your primary option - a relatively sure thing - is to reside legally in Italy for three years after which you would be eligible for expedited naturalization (normally requires ten years) due to having an Italian ancestor up to the 2nd degree (grandparent).

As to going to the courts, I would not hold out much hope. You probably have two issues going on here: 1) under Italian law, your grandmother lost her Italian citizenship when she married an American citizen prior to 1948, and more importantly, 2) prior to January 1, 1948, Italian citizenship was passed only by the father.

There has been some success in Italian courts on #1 and very little success on #2. However, Italian courts do not follow the principle of "precedence" as US courts do, so these previous rulings are to some extent meaningless.
Carmine

My hobby is finding things. Having found most of my own, I am happy to help others find theirs. PM me! :)

User avatar
mcoccaro
Rookie
Rookie
Posts: 38
Joined: 08 May 2010, 11:46

Re: Read something about going to Trial for citizenship

Postby mcoccaro » 02 Jul 2011, 23:31

Quick question does a woman lose her Italian citizenship if her husband was an Italian citizen at the time of her marriage but then 5 years later her husband naturalized?

As for #2 yes grandfather naturalized before my father was born prior 1948

User avatar
johnnyonthespot
Master
Master
Posts: 5229
Joined: 04 Aug 2008, 15:01
Location: Connecticut, USA

Re: Read something about going to Trial for citizenship

Postby johnnyonthespot » 03 Jul 2011, 12:42

Prior to the passage of the Cable Act in 1922, a woman was what her husband was. If your female ancestor married an Italian citizen male and he became a naturalized US citizen prior to September 22, 1922, then she automatically gained US citizenship (and lost Italian citizenship) at the same time.

Under US law, after that date she would have had the option to naturalize in her own right if she chose to do so; very few did.
Carmine

My hobby is finding things. Having found most of my own, I am happy to help others find theirs. PM me! :)


Return to “Emigration, Immigration, Naturalization and Italian citizenship”

Who is online

Users browsing this forum: No registered users and 3 guests