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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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Post by cgiulia »

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Re: Wish I had a time machine... dual citizenship roadblock!

Post by mler »

Were I in your position, I would do likewise. I don't know the best approach to take, but I think that when you gather all your documents, you will have a better sense on how to proceed.

The Miami statement is different from the SF statement but pretty close. No reference is made on either site regarding derivative citizenship acquired through someone else's naturalization, so this does give you an opening.

You won't know unless you try. Don't give up on trying to find proof that he lived independently. I still think this gives you the best chance.

I think they are always pleased when an applicant comes in speaking fluent Italian. It is evidence of a connection to Italy that goes beyond a presentation of papers. Ultimately, however, they will decide your case based on citizenship law.
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Re: Wish I had a time machine... dual citizenship roadblock!

Post by mler »

Keep in mind that of all the required documents, the death certificate is the least important. Given the complexity of your application, however, it would be nice to have them. Will Philadelphia do a record search for you? Cities often charge by the number of years for which the search is made.
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Re: Wish I had a time machine... dual citizenship roadblock!

Post by mler »

That's a super idea. I hope things work out for you, and I do think you have a shot at this despite the NARA statement.

Those of us who have frequented these boards for a while have seen many interpretations that are inconsistent with what is posted on consular web pages. The Australian interpretation is a prime example. Even though the consulates indicate that naturalization ends citizenship, they made an "executive decision" and determined that a person who legally naturalizes at the age of 16 without his parents naturalizing as well, has not renounced. There is nothing in the law that addresses this issue, but the consulates have made that interpretation.

This kind of thing has happened before and is likely to happen again since every case is different. If it were just a matter of paperwork, we could all apply by mail, thus saving a lot of valuable time. That they take the time to meet with each applicant, allows adjustments to be made based on individual situations. You're applying at a good consulate. Go for it!
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Re: Wish I had a time machine... dual citizenship roadblock!

Post by campomaggiore »

I would do exactly as you are planning. According to the web site, it is one yr wait for appt. You can accomplish so much in that year - if it does in fact take that long. I would ask if an appt for information or pre-qualification is avail. That might be avail much quicker and it would answer your questions.
The point I was trying to make previously is that while the web site will ask for certain documents, when interview time came, those same documents were given back to me as not needed. I would still be prepared with everything possible.
At no point did the conversation ever challenge the age of my father (born in US 1917 prior to GF naturalized 1928)
The main issue was when was the naturalization date vs birth date of father (in my case)
I really think you are on the right track -
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Re: Wish I had a time machine... dual citizenship roadblock!

Post by mler »

campomaggiore wrote:At no point did the conversation ever challenge the age of my father (born in US 1917 prior to GF naturalized 1928)
-
Just to clarify in order to avoid any confusion--The age of a child is never an issue with the consulate unless that child was not born in the US. A US-born child would have received US citizenship jus soli. Thus, even if his name appears on the petition (and it must), he is unaffected by his parent's naturalization.
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