US Naturalization while a Minor

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.
deharry
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US Naturalization while a Minor

Postby deharry » 21 Jul 2011, 18:42

I am new here and this topic does not seem to have been addressed.

I read all the articles of the Italian Citizen Laws. It addresses how to reacquire citizen ship, nothing specifically about how one loses it.

I was born in Italy in 1937
Immigrated to the US in 1947
As other old timers remember, one could not get a job in the 1950's if subject to the Military Draft and being subject to immediate duty, so I joined the US Navy at the age of 18 to get it over with. I did not have to be a Citizen to serve, only to file a Certificate Of Intent to become a citizen in the future. I was mistakenly placed in a position that required a secret clearance, so when they found out about my status and passing all the security turmoil created, they "suggested" that I apply for immediate Naturalization stating that it was a matter "National Security" In fact 3 months later I was a Citizen.

The reason I am stating this is that I was still a minor. Someone told me that because I was a minor, I retained my Italian Citizenship under Italian Law. I cannot find any reference to this anywhere and the Italian Consulate stated that he does no know of any.

Anyone have any experience with s similar situation?

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johnnyonthespot
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Re: US Naturalization while a Minor

Postby johnnyonthespot » 22 Jul 2011, 15:02

The age of majority changes over the decades; at the time in question you may or may not have still been considered a minor.

Nevertheless, I don't think it matters in this case as you clearly voluntarily and with willful intent became a citizen of the US and renounced your Italian citizenship in the process. I will concede however that you may find the most accurate answer in this forum http://italiancitizenship.freeforums.org/index.php; seek out user malcolm or bbcwatcher.

Since you were once an Italian citizen, you have the option to easily (relatively speaking) regain your citizenship through the process of:

a) alert your local consulate of your intent to reacquire
b) within 12 months, move to Italy and establish "residency"
c) immediately after establishing residency, claim your right to reacquire Italian citizenship - a quick and somewhat painless task
d) remain in Italy or leave immediately, as you wish

See http://www.consnewyork.esteri.it/NR/exeres/57F57185-2F26-466D-8EC6-B00EF0BE4AE4,frameless.htm?NRMODE=Published for additional info. There is at least one (no doubt more) Italian attorney who offers to assist by arranging the entire process in such a manner that you need only spend a few days to a few weeks on the ground in Italy. See http://www.luigipaiano.com/eng/. This is not an endorsement; his name is seen on these boards now and again and he is simply the only practicing attorney whose name I am familiar with.
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mler
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Re: US Naturalization while a Minor

Postby mler » 24 Jul 2011, 14:31

I'm not certain, but I believe the age of majority was 18 in 1955. Even if it were 21, however, I concur with Carmine. As a member of the military, no longer living with your parents, you would have been considered an emancipated minor at that time. This would mean that you renounced citizenship when you naturalized.

The process to regain your citizenship, as Carmine, notes, is very easy. Specific instructions can be found on the NY Consulate web page.

http://www.consnewyork.esteri.it/NR/exe ... =Published

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Re: US Naturalization while a Minor

Postby deharry » 31 Jul 2011, 17:58

The majority age was 21, at the time and as I now understand, under the 555/1912 Italian Law applicable for my case, I as a minor was considered "incompetent" to willfully become naturalized, therefore retained my Italian Citizenship. The fact I was in the service of a foreign state (The US) at that time should have no bearing because I was never issued an injunction from the Italian Government to abandon employment or military service, under as specified in Art. 8, Par 3.

I am going through this effort because if I can be reconfirmed as an Italian Citizen, then my daughter will also be recognized at the time of her birth, and so will her husband and daughter.

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johnnyonthespot
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Re: US Naturalization while a Minor

Postby johnnyonthespot » 31 Jul 2011, 18:18

It is certainly worth a try. Please keep us informed of your progress.
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My hobby is finding things. Having found most of my own, I am happy to help others find theirs. PM me! :)


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