Do I Qualify?

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.
luciano23
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Do I Qualify?

Postby luciano23 » 15 Jun 2015, 17:09

#1) My GGGF was Born in Italy in 1888
He came to american in 1902
My GGF was born on May 3, 1910 in America
My GGGF became a Naturalized citizen of America on May 5, 1910
Then my GF was born, followed by father, then me.

I know by the Pre-1912 law, that my GGF technically did not retain his Italian Citizenship, and therefore he is unable to pass it on to me. However, after doing some research, I discovered that the consulates that enforce this rule to the extreme are New York and San Fransisco; I live in Michigan and plan to apply at the Detroit consulate. Does anyone know of any success stories of people applying with a similar predicament to me?

#2) My GGGF was born in Italy in 1885
He came to America in 1898.
My GGF was born in America in 1909.
My GGGF became a naturalized citizen of America in 1922.
My Grandmother was born in 1933.
My Father was born in 1965.
I was born in 1998.

Did my GGGF pass his Italian citizenship on to my GGF? And, is this the better route to use to receive Italian Citizenship?

Qliner
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Re: Do I Qualify?

Postby Qliner » 21 Jun 2015, 22:43

In the first scenario , your GGFs father became naturlized two days AFTER your GGF was born. As long as after that your GGF, GF or your Father did not become naturalized before you were born then if the 1912 rule is overlooked then you qualify but i"m not sure about how easy it is to have this overlooked.

In the second scenario...as long as your GGF never became naturalized, you are then in the 1948 rule scenario which has been fought in court in Italy on an individual basis and won. I am working on my own case for this right now. The reason is that the 1948 rule is discriminatory and the court is considering each case individually.

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mler
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Re: Do I Qualify?

Postby mler » 23 Jun 2015, 02:49

The second scenario avoids all problems. Since your father was born in 1965, this is NOT a 1948 issue. Although your grandmother was born in 1935, she obtained citizenship from her father, and 1948 only becomes an issue if her mother was the Italian parent.

Thus, you can use this line without any concerns regarding 1912 or 1948.

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Re: Do I Qualify?

Postby Qliner » 23 Jun 2015, 15:55

Yes actually that is correct, because she only would have lost citizenship if she married before 1948 and she would have only been 15 years old so it's pretty safe to assume that didn't happen. Thanks Mler I didn't do the math!


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