i am asking this question for a friend of mine...i hope i have all the necessary details
grandfather born in avellino 1904; grandmother 1905, also from avellino. each immigrated somewhere between 1918 & 1922. they met & married in boston in 1924. grandfather naturalized in 1936. grandmother never naturalized. both died in the early 1990s. would she (and her siblings) be eligible for dual citizenship?
Depends on when her mom/dad and she were born. Do you have that information? The dates will determine whether she has an easy path or whether she would be required to initiate a lawsuit. There are several possibilities, but it's impossible to determine which path would work without the dates.
Jo was born in Boston 1955 Jo's mother Teresa was born in Boston 1925. Jo's father Gaetano was born in Boston 1921. (Gaetano's father born 1889 Avellino, naturalized 1938-Boston. Gaetano's grandfather born Avellino circa 1861 naturalized either 1922 or 1927 - Boston.
Jo's parents married boston 1948.
I think she is wondering about eligibility due to her GM retaining her Italian citizenship and her grandparents not yet being naturalized when her parents were born. I don't completely understand all of this, so i told her I would ask the experts here.
mler wrote:Depends on when her mom/dad and she were born. Do you have that information? The dates will determine whether she has an easy path or whether she would be required to initiate a lawsuit. There are several possibilities, but it's impossible to determine which path would work without the dates.
No one is REQUIRED to initiate a lawsuit. The fact that some who are ineligible due to a 1948 rule disqualification do initiate a lawsuit is entirely up to them and is not sanctioned by any consulate or comune that processes jures sanguinis citizenship applications. Nor do consulates or comunes provide information on filing such a lawsuit to circumvent a 1948 rule.
When Gaetano was born in Boston, his father was still an Italian citizen. He did not naturalize until later. So, yes, your friend is eligible to apply for citizenship recognition jure sanguinis.
Correct, jennabet. No one is required to file a lawsuit. It was simply a poor word choice. However, if someone seeking jure sanguinis citizenship recognition Is deemed ineligible because of the 1948 issue, the only way to obtain recognition is through a lawsuit. It is, of course, the applicant's decision as to whether or not to pursue this path.
This is not in issue for Jo. Hers is a rather straightforward application.