Declaration of Intent Sufficient?

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
hellosquire
Rookie
Rookie
Posts: 32
Joined: 26 Jan 2007, 00:00
Location: New Rochelle, NY

Declaration of Intent Sufficient?

Postby hellosquire » 29 Jan 2007, 20:41

I'm trying to obtain Italian citizenship through my great grandfather. He filed the first declaration of intent to obtain US citizenship in 1919. After that, the trail goes cold. I don't think he ever naturalized. Is this declaration sufficient evidence for the Italian consulate in New York that he was an Italian citizen when my grandmother was born? Or do I absolutely need a "No Record" certificate?

I hope it's sufficient - my grandmother was born in 1911, this very first declaration is dated 1919.

User avatar
mler
Master
Master
Posts: 1627
Joined: 01 Apr 2006, 00:00

Re: Declaration of Intent Sufficient?

Postby mler » 29 Jan 2007, 22:26

The New York Consulate accepts the Declaration, Petition, and Oath as proof of date of naturalization. I'm not certain that they will accept the Declaration as proof of non-naturalization (at least at the time of your grandmother's birth)--although logically they should.

You might try two things. First contact your local NARA office. It's located on Varick Street in NY if that's the one you will be using. If other documents were filed (Petition and Oath), they will have copies and will certify them for you. (Their response time is within an hour if you go there personally, and within a week or two by mail). If NARA does not have these other documents, it is likely that you are correct and your great grandfather did not naturalize.

In the meantime, you should send for the No-Record letter through the FOIA. The response may take a while, possibly a year, so at the same time, you might want to make two appointments at the consulate--one for information and one to present your completed file.

The NY Consulate is easy to deal with, and you may find that the declaration of intent is acceptable. If so, you can proceed w/o waiting for notification from the INS. If they insist on the FOIA document, at least you will have started the process. Keep in mind that in cases such as this, only the consulate can give you a definitive answer, so try to get there as soon as possible.

BTW, you can always cancel the second appointment if you don't need it. I did that this summer with my son.

User avatar
hellosquire
Rookie
Rookie
Posts: 32
Joined: 26 Jan 2007, 00:00
Location: New Rochelle, NY

Re: Declaration of Intent Sufficient?

Postby hellosquire » 29 Jan 2007, 22:55

Thank you. I think that's a great idea to submit the FOIA too at the same time just in case it isn't sufficient. I've filled out the form.

Unfortunately, I just got back from Varick St today, and the record of naturalization that was filed was for a different person :( I searched their database for the declaration of intent, but they did not have the record. There was no record of petition or oath either.

The Westchester Co. Archives only has the declaration, and nothing further. I'm going tomorrow to pick it up, and hopefully they'll give me a certified copy.

User avatar
mler
Master
Master
Posts: 1627
Joined: 01 Apr 2006, 00:00

Re: Declaration of Intent Sufficient?

Postby mler » 30 Jan 2007, 03:17

I think you're doing the right thing. You'll have to wait a while for the appointment, and by that time, the "no-record" document may come through. It seems logical that your g-grandfather did not naturalize; and who knows, the Declaration of Intent may be accepted. After all, he couldn't complete that form if he had already naturalized. Good luck.

User avatar
hellosquire
Rookie
Rookie
Posts: 32
Joined: 26 Jan 2007, 00:00
Location: New Rochelle, NY

Re: Declaration of Intent Sufficient?

Postby hellosquire » 01 Feb 2007, 22:38

I'm glad I followed your advice - I made the appointment today, and the next available time isn't until July 31st!

User avatar
mler
Master
Master
Posts: 1627
Joined: 01 Apr 2006, 00:00

Re: Declaration of Intent Sufficient?

Postby mler » 02 Feb 2007, 13:57

It's scary that they are getting so busy. Last year you could get an appointment within a month. They brought in new people in September so I thought things would move more quickly. Apparently not. :-(

Good luck with documents and appointment.


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

Who is online

Users browsing this forum: No registered users and 2 guests