I'd really appreciate some clarification from anyone with the knowledge to help. I am preparing to apply for Italian citizenship Jure Sanguinis via my great-grandfather. Ordinarily I would not qualify because he was a naturalized American citizen when his daughter, my grandmother, was born, thereby he would have lost his Italian citizenship and was unable to pass it on to his children. However, he was naturalized in 1903 when he was only 19 years old, below the legal Italian adult age of 21. He was also on his own, his parents had stayed behind in Italy. I have read that therefore, since he was a minor according to Italian law, the naturalization did not apply and he retained his Italian citizenship?
I am nervous because, before 1912, any Italian who naturalized as a citizen of a foreign country automatically lost Italian citizenship. Does this apply to him, since his naturalization wasn't legally recognized in Italy?
Qualifying Jure Sanguinis if my Ancestor was a Minor?
-
oleander09
- Newbie
- Posts: 2
- Joined: 17 May 2017, 11:01
Re: Qualifying Jure Sanguinis if my Ancestor was a Minor?
I think this may be a problem.
Ordinarily, naturalization before one reached his majority would not be considered as a valid loss of citizenship. The problem in your situation is that your ggf was in the US alone. This would constitute "emancipation," which would mean that he was treated as an adult and thus had a right to naturalize on his own behalf. Italy would consider a naturalization in such circumstances as valid, and because it took place before 1912, all his children lost citizenship with him.
I wish I had better news. Do you have another possible line?
Ordinarily, naturalization before one reached his majority would not be considered as a valid loss of citizenship. The problem in your situation is that your ggf was in the US alone. This would constitute "emancipation," which would mean that he was treated as an adult and thus had a right to naturalize on his own behalf. Italy would consider a naturalization in such circumstances as valid, and because it took place before 1912, all his children lost citizenship with him.
I wish I had better news. Do you have another possible line?
Re: Qualifying Jure Sanguinis if my Ancestor was a Minor?
My initial response was incorrect. Italy would view a naturalization before the age of majority as not ending citizenship since his father did not also naturalize. You should be good to go.
I apologize for my quick, and inaccurate, first response. It was too late to remove it.
You would have to prove that his father never naturalized, so you need to document another generation.
I apologize for my quick, and inaccurate, first response. It was too late to remove it.
You would have to prove that his father never naturalized, so you need to document another generation.
-
oleander09
- Newbie
- Posts: 2
- Joined: 17 May 2017, 11:01
Re: Qualifying Jure Sanguinis if my Ancestor was a Minor?
No need to apologize, it's a confusing situation to make sense of. I have seen his parents' death certificates in Italian records so I don't think it will be a problem to prove they never left Italy. I'm just glad I'm eligible through this route. Thanks so much for your help!
