1948 Rule question

[rcpilotjohn]

Hi all,

I had been trying to research Italian citizenship through my mother's father, but my GGF on that chain naturalized in 1910 (GF was born 1908, so that was before his father naturalized). And the 1912 rule pretty much shot that down.

Now I understand there is a chance to go the other way. My other GGF (mother's other GF) was also born in Italy of Italian parents. He came to the US and married, GM was born 1908, GGF naturalized in 1921 so 1912 rule does not eliminate that path. My GM would have been an Italian citizen. (Both GGMs were also from Italy - that matters only to people on this site who are worried that my heritage is only a small part Italian!!!)

Are the consulates now ruling to allow females to pass on their citizenship before 1948, or is this only available through court cases? I know my birth in 1953 would be OK, but my mother in 1930 is clearly before that year.

Does anyone have a contact of a representative who has been successful in pursuing a case like this?

[mler]

No, the consulates do not accept that a woman could transfer citizenship before 1948. However, the courts have disagreed. It seems you do have a 1948 case, but you will need to contact a lawyer to pursue it.

There is a very active "1948" thread on this site. I believe that court cases have been quite successful but a bit more costly.

[enonewt]

I am curious i am eligible, my great grandfather born in Italy 1854, married in italy and immigrated to the USA in 1884, he naturalized in 1904 and passed away in 1912, my maternal grandfather was born 1902, my mother born in 1930's, I am born 1965 , slim chance this would be eligible for citizenship?

[mler]

Like the other situation stated, this is a bit complex in that before 1912, a man who naturalized lost citizenship not only for himself but also for his family (even those born before he naturalized).

However, that naturalization resulted in automatic loss of citizenship for his wife, and courts have ruled that a woman did not lose citizenship if she did not naturalize on her own behalf but obtained a foreign citizenship through her status as a married woman. This seems to have happened with your great grandmother, so you would actually be applying through her.

This is most definitely a 1948 case complicated by pre-1912 rules. Check with one of the 1948 lawyers. I do believe you qualify through a court case, but only a lawyer can give you a definitive answer.

[enonewt]

Thank you for the information