Death of grandmother before U.S. 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.
846newyorker
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Death of grandmother before U.S. naturalization

Postby 846newyorker » 07 Jul 2011, 18:43

My father was born in 1948. His mother had naturalized in 1928 at the same time as her father (they were all born in Italy). HOWEVER, my father's mother's mother -- his maternal grandmother -- had died in 1922, before naturalization.

Does this mean my father would qualify for de jure sanguinis citizenship? Since at the time of his birth, in the U.S. in 1948, he could have inherited from his deceased maternal grandmother Italian citizenship?

Thanks for any input!

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mler
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Re: Death of grandmother before U.S. naturalization

Postby mler » 07 Jul 2011, 18:54

Your father could not obtain Italian citizenship from his grandmother. He would have to obtain it from either his mother or his father (no skipping generations). His mother's line is closed because she naturalized before his birth.

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Re: Death of grandmother before U.S. naturalization

Postby 846newyorker » 07 Jul 2011, 23:13

OK as you can see this was essentially the same scenario as I mentioned in the other thread. Based on your explanations, I can see how this makes sense.

So as I dig through all the possible scenarios, would it then be correct to say that someone born in U.S. to Italian-born parents in 1948 -- man or woman -- could have inherited Italian citizenship ONLY:
- If his/her father or mother was unnaturalized in U.S. at the time of the child's 1948 birth OR
- If either of his/her grandfathers was unnaturalized at the time of the child's 1948 birth.

?

The way I'm currently reading this, before 1948, the grandfather had the right to pass along citizenship to any son or daughter (Gen. 1). Even if their son or daughter, born before 1948 (Gen. 2), had naturalized before the birth of their own children (Gen. 3, e.g. my father or mother), they had in principle originally inherited Italian citizenship from their father. So, those unnaturalized grandfathers still retained the right to pass along citizenship to their grandson or granddaughter (Gen. 3).

Am I on the right track, or still off-base here?

Again, thank you!

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Re: Death of grandmother before U.S. naturalization

Postby 846newyorker » 08 Jul 2011, 04:14

ON further study I think I have continued to misinterpret this. Based on this as well as the other thread, It seems clear to me that "not skipping a generation" means that a grandparent could not pass citizenship along to a grandchild if the 2nd generation already naturalized.

THank you all for your patience in explaining this.


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