Would my great grandfather have been considered emancipated for Jure Sanguinis

[kylesalvatore]

My mother was born after 1948. Her father (my grandpa) was born in the US, but his father (my great grandfather) was born in Alimena, Palermo, Sicily. He immigrated in 1905 at age 8. His father (my great, great grandfather) was also born in Sicily. He came over 3 years prior in 1902 to work on the World's Fair in Saint Louis. My great great grandfather naturalized in 1915. My great grandfather naturalized in 1918 at age 20. I understand I would still be valid for citizenship had my great great grandfather not naturalized while my great grandfather was still under the age of majority, even though my grandfather hadn't been born before my great grandfather naturalized because my great grandfather was still under what Italy considered to be the age of majority.

From what I understand though, if my great grandfather was legally emancipated from his father prior to his naturalization then all my direct blood line would still be in the clear for citizenship. I believe this is the case for me. My great grandfather was drafted for World War 1 at the age of 19. This legally emancipated him from his parents. He then naturalized at age 20 while still under the age of majority.

Would this be grounds for my great grandfather being legally emancipated in Italian court?

Re: Italian-born grandfather acquired derivative U.S. citize

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Postby jennabet » 20 Aug 2014, 21:14
My companion's grand-father who was born in Italy and arrived in the USA at age nine with his parents was age 20 and listed along with his younger siblings on their father's naturalization certificate dated 1913. However, because my companion's grand-father was already married at age 20 and expecting a child of his own, Italy had to consider him emancipated from his father even though he was technically still a minor and therefore he did not lose his Italian citizenship while the younger siblings did lose their Italian citizenship through derivative naturalization. As a result, the consulate quickly recognized my companion as an Italian citizen through his grand-father.
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Re: Italian-born grandfather acquired derivative U.S. citize

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Postby mler » 20 Aug 2014, 22:01
Jennabet has provided another example of how a minor did not lose citizenship by naturalizing. Italy did not consider an emancipated minor to be subject to his parent's decisions. So if the OP can demonstrate that his ancestor was emancipated, that line would work.

[mler]

Several things don't make sense, but first I must state that being drafted did not mean emancipation. In jennebet's case, the ancestor was married, which is clearly emancipation.

The confusion is with the two naturalizations. When your great great grandfather naturalized in 1915, his Italian-born minor child naturalized with him. Why then the second naturalization in 1918? My quess is that either one of two things happened.

1. The US government was unaware of the 1915 derivative naturalization and allowed him to naturalize on his own. This seems rather unlikely because a 20-year old was still considered a minor during that period in US history.

2. The 1918 naturalization was not an actual naturalization but rather a statement that confirmed his previous naturalization.

If the latter, the line ended at that point. If the former, the line also technically ended with your great great grandfather's naturalization. However, if your great great grandfather's status is not checked, you can argue that the 1918 naturalization should not count because he was a minor. Usually, though, they will ask to see the records on the parent in such situations.

[jennabet]

From what I understand though, if my great grandfather was legally emancipated from his father prior to his naturalization then all my direct blood line would still be in the clear for citizenship. I believe this is the case for me. My great grandfather was drafted for World War 1 at the age of 19. This legally emancipated him from his parents. He then naturalized at age 20 while still under the age of majority.

Would this be grounds for my great grandfather being legally emancipated in Italian court?

[/quote]

No, being drafted is not grounds for emancipation from the parent because the parent does not have to sign or give permission in order for a son to be drafted because 19 is legal age for the draft.

In the case of my companion's Italian grand-father. In the State of Pennsylvania in 1912, age 20 was under the legal age to marry, which was 21, so his father had to give permission and sign for the marriage to take place and the father's signature is clearly visible on the marriage application. This is in effect the father saying, without a doubt, "I have liberated my son and gave him permission to marry". When the father was naturalized less than one year later in 1913 and while the son was still age 20, his son's Italian citizenship was not affected.