On my father's side, his mother is the Italian born 1917 in the US. Her father, my great grandfather Attilio was born in Pescantina, Veneto in 1884 & married Maria born same year and same place. Attilio filed for permanent resident. I don't know if he naturalized, but it was way after the birth of Lillian, my grandmother.
On my mother's side, her father Anthony is the Italian born 1903 in the US. His father (I believe) is Guiseppe born in Avellino, Campania in 1880 & married Catarina of Naples and same year. This one is tough. I don't have enough information. I can't find naturalization or permeant residency for either great grandparent. I do know that Anthony was born here.
I was born in 1976. I don't know if my parents need to go through my mother's side since they were both born before 1948. I can't even tell if I am disqualified because the blood is on the wrong side of the family. Ugh. So confused.
Please help.
1948 Rule. Am I disqualified?
Re: 1948 Rule. Am I disqualified?
If, your gf was still an Italian citizen when Lillian was born and your father was born before 1948, you have a 1948 case.
You don’t have enough information about your mother’s line at this point to determine qualification.
Since your parents married before 1983, if your father’s citizenship is recognized, your mother automatically obtained citizenship through him.
You don’t have enough information about your mother’s line at this point to determine qualification.
Since your parents married before 1983, if your father’s citizenship is recognized, your mother automatically obtained citizenship through him.
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OpusReticulatum
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Re: 1948 Rule. Am I disqualified?
As Emily said, your father's line looks fine for a 1948 case. You will have to gather all of the necessary documents and check the dates and events to be sure.
However, the courts in Italy are very strict about only taking 1948 cases that have no paths via the consulates. And there is a possibility that you might be able to apply through your consulate. Therefore, you will need to find out everything you can about your mother's line.
For example, if your GGF naturalized after the birth of your GF and it was after 1912* (or if he never naturalized), then your GF had Italian citizenship at the time your mother was born and therefore passed it on to her, as there were no restrictions on males passing on citizenship to their children born prior to 1948. Since you were born after 1976, you mother would have definitely been able to pass Italian citizenship on to you. If this scenario were true, you would have to go through the consulate.
The courts would want to rule out this (and possibly other) scenarios before allowing your case to proceed.
*Prior to the law of 1912, children born outside of Italy, to Italian citizen parents, lost their Italian citizenship if their father naturalized in a foreign country while the child was still a minor (under age 21 at the time). This holds true even if the child was born in a jus solis country (such as the US) and was born with the citizenship of the same country their father naturalized in.
However, the courts in Italy are very strict about only taking 1948 cases that have no paths via the consulates. And there is a possibility that you might be able to apply through your consulate. Therefore, you will need to find out everything you can about your mother's line.
For example, if your GGF naturalized after the birth of your GF and it was after 1912* (or if he never naturalized), then your GF had Italian citizenship at the time your mother was born and therefore passed it on to her, as there were no restrictions on males passing on citizenship to their children born prior to 1948. Since you were born after 1976, you mother would have definitely been able to pass Italian citizenship on to you. If this scenario were true, you would have to go through the consulate.
The courts would want to rule out this (and possibly other) scenarios before allowing your case to proceed.
*Prior to the law of 1912, children born outside of Italy, to Italian citizen parents, lost their Italian citizenship if their father naturalized in a foreign country while the child was still a minor (under age 21 at the time). This holds true even if the child was born in a jus solis country (such as the US) and was born with the citizenship of the same country their father naturalized in.
Re: 1948 Rule. Am I disqualified?
OR, you are absolutely correct. If the father is applying, however, he would have no choice but to use the 1948 approach, and his child could certainly apply with him without demonstrating alternative approaches.
I hesitate to mention this because it may cause some anxiety, but perhaps someone here has more information about a recent development. There has been discussion on Facebook and on another citizenship forum regarding recent interpretations of pre-1912 law in Houston and Philadelphia in which the consulate claims that anyone born in a jus soli country before 1912 was never entitled to dual citizenship regardless of the naturalization or non-naturalization of the parent. From what I’ve read, applications have been on hold pending a ruling from Rome.
I’m hoping this will be reversed, but if this interpretation is sustained, only the father’s line would be viable.
I hesitate to mention this because it may cause some anxiety, but perhaps someone here has more information about a recent development. There has been discussion on Facebook and on another citizenship forum regarding recent interpretations of pre-1912 law in Houston and Philadelphia in which the consulate claims that anyone born in a jus soli country before 1912 was never entitled to dual citizenship regardless of the naturalization or non-naturalization of the parent. From what I’ve read, applications have been on hold pending a ruling from Rome.
I’m hoping this will be reversed, but if this interpretation is sustained, only the father’s line would be viable.
