eligible for Italian citizenship?

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.
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ktcarlin
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eligible for Italian citizenship?

Postby ktcarlin » 01 Mar 2007, 21:36

I have a question concerning the eligibility of my wife for de jure sanguinis Italian citizenship: My wife's family goes back five generations in Trieste, Italy. Her grandfather was born in Trieste in 1894. Trieste was part of the Austro-Hungarian Empire. He served in in the Austrian Army during WW1 in Trieste. My wife's father was born in Dec., 1919 in Trieste in the same house as his father. In 1925 her grandfather immigrated to the US, leaving behind his wife and two sons. In 1929 he applied for an received Naturalization on the 26 March, 1929. His family was still residing in Trieste, Italy (nor longer part of Austria). It should be noted that my wife's grandfather names his two sons in the Naturalization application stating that they are residing in Italy. In June of 1929 her grandmother and two sons go to the US consulate in Napels and get immigration (green) cards for the US. They then immigrate to the US on Italian passports(we have the original) In the 1930 US Census, the family is listed: Grandfather naturalized as well as the two sons but not my wife's grandmother (alien). During WWII, my wife's father is drafted into the Navy and is discharged and is stated as a US Citizen. I asked the Italian Consulate in San Francisco the status of my wife's father's citizenship. They stated that since he was a minor when his father became naturalized that he automatically lost his Italian citizenship. The question we have is that he was residing in Italy at the time his father became naturalized. Would that make a difference? Would he still have dual citizenship? Why did not her father and uncle travel on US passports since their father became a Naturalized US citizen before their immigration to the US.? My wife was born after the war. If she is not eligible under her father, would their be a possibility that she would be eligible under her grandmother? We don't know if she ever became naturalized. It may be worth exploring.

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johnmilano
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Re: eligible for Italian citizenship?

Postby johnmilano » 02 Mar 2007, 23:22

As far as I understand it:

If her Grandfather got naturalized, and her father was a minor
(under the age of 18 ) he automatically receives US citizenship
and renounces his Italian citizenship. It does not matter
where he was residing, and he would absolutely be using an
Italian passport to travel as to he would have to come to America
to even receive an American passport (not to be confused with
citizenship). Even though he was residing in Italy, he did not, and could not have Dual Citizenship... dual citizenship has been around only since 1992 when the Italian government passed a law (no. 91, art. 11) stating that any Italian citizen who acquired or reacquired a foreign citizenship after August 15, 1992 would not lose his or her Italian citizenship.

So it seems, your wife cannot get an Italian citizenship through
her grandfather or father.

With her grandmother:

Again, it seems the answer is no.

It would only be possible if her father was born in the US after January 1st, 1948, her paternal grandmother was an Italian citizen at the time of his birth, and neither her, nor her father ever renounced their right to Italian citizenship.

Unfortunately, in your wife's case, her Grandfather got US citizenship which means since her father was a minor at the time, acquired it as well automatically renouncing his Italian citizenship, obviously before your wife was born.

"If your parent/grandparent/great grandparent was naturalized as a minor, he or she effectively renounced his or her right to Italian citizenship. This means that your ancestor was unable to pass Italian citizenship jure sanguinis to his or her children as an adult. Unfortunately, no exceptions are made in these cases."

I hope this helps, but I urge you to also check out
these two great sites for more info:

http://www.italiandualcitizenship.com/

http://www.expatsinitaly.com/citizenship/jure.html

JOHN

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mler
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Re: eligible for Italian citizenship?

Postby mler » 03 Mar 2007, 02:26

Unfortunately, I must concur with John. That your father-in-law was recognized as an American during WWII is a clear indication that he was considered to be naturalized along with his father. Since he was not Italian when your wife was born, he could not pass citizenship to her.

Is it possible that your wife might qualify through the maternal line--her mother? If your wife was born after 1948 and her mother was Italian, this might work.

Also, your wife would be eligible for Italian citizenship by residing in Italy for three years since she is within a two-degree connection to an Italian ascendent (her grandfather). If you and your wife are planning to retire in Italy, this would definitely work for you.

She can obtain a Permesso in Attesa di Cittadinanza, which would permit her to legally reside in Italy while awaiting citizenship. After two years living in Italy, she can (and should) submit her application. This permesso does not permit her to work in Italy, but if you are retiring there, this should not be an issue. You would also be able to reside in Italy by obtaining a permesso that allows you be be with family (your wife). I've forgotten what that permesso is called--sorry.

I only mention the last scenario because based on the dates you give for your father-in-law, it appears that you and your wife are approaching retirement age. I hope I have not been too presumptuous.

Best of luck.

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ktcarlin
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Re: eligible for Italian citizenship?

Postby ktcarlin » 03 Mar 2007, 04:53

Thank you for the clarification which we have heard before but still needed reassurance that it was a fact that we had to absorb and plan accordingly. You are right about our being near the age of retirement.


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