Still eligible for jure sanguinis if naturalization petition of ancestor was denied?

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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Zofia13
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Still eligible for jure sanguinis if naturalization petition of ancestor was denied?

Post by Zofia13 »

Hello all,

I am 22, my nearest consulate is Houston.

Ever since finding out I'm eligible for jure sanguinis, I've been spending nearly hundreds of dollars getting all the vital records and apostilles and mail fees, and lots of time trying to learn Italian.

I have an appointment with the consulate coming up in July.

I thought I was clearly eligible through my paternal line but now looking at the naturalization paperwork I'm not sure, because my American born grandfather was a minor (15) at the time my great grandfather filed his naturalization petition, but the naturalization petition was denied due to "absence".

I know that having an ancestor naturalize while his children are minors severs the citizenship for the minor, but I'm not sure if that starts at the petition level. If he filed the petition and signed but was never naturalized, does that still renounce Italian citizenship for his minor son? He passed away before the naturalization could be completed.

Me (American born) 1995
Dad (American born) 1957
Grandfather (American born) 1928

Great grandfather (Italian born) 1903
Filed a petition for naturalization in 1943, signed Oath of Allegiance at the bottom of it
It says petition continued in 03 1945 - 06 1945 "Reason: Absent"
He died 03/ 1946
Petition officially denied 06 / 1946


I'm terrified now that all my work and hopes have been for nothing. I'm proud of my Italian heritage and fully intend to be a productive society member.

I know that this is a tricky situation, but does anyone know if the denied petition for naturalization counts as renouncing citizenship for minor children, or how strict the Houston consulate is relative to other experiences?

Thank you in advance
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mler
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Re: Still eligible for jure sanguinis if naturalization petition of ancestor was denied?

Post by mler »

Don't worry; you're fine.

First of all, the petition doesn't end citizenship; he needed to have actually naturalized. However, even if your ggf did naturalize in 1943, it would not have affected your American-born gf. Your gf was born an American citizen so his father's naturalization did not extend to him no matter what his age.

You're good to go.
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