Jure sangiuinis - second cousin - maternal path

[phil100a]

Hello everyone,

Roughly 10 years ago I achieved jure sanguinis Italian citizenship via the Italian Consulate in San Francisco. Following that I helped my niece gain citizenship through the LA Consulate; she was able to use my records at the San Francisco consulate, saving her an enormous amount of time. (the LA Consulate permitted her to use the San Francisco Consulate files).

Question: My second cousin, who lives in Florida want to pursue jure sanguinis. His great grandmother - my grandfather's daughter - was born in Italy; she came to America in 1909. I am assuming that my second cousin's path would be through his great grandmother - correct?

Or, would my second cousin have to take the same path I did? and if he did , would he be able to use my San Francisco Consulate records? Every Consulate seems to be different in the latter regard. I'm trying to save him some time.

Last, I'm not sure of the rules regarding maternal path. I'm assuming that my second cousin will be able to qualify. I have heard something about limitatations regarding maternal path, but I thought they had been loosened.

Thanks in advance for your help!

[ItalianTranslator]

HI @phil100a,

your cousin goes through her great grandmother, but since it was pre-cable act, she will have to dig into naturalization of her father while she was a minor as a potential issue and also her marriage to a foreigner (for example to an American). Also, women couldn't pass over citizenship before 1948 (on Jan 1 1948 they were granted the same rights as men), so it should be taken into account when her child was born.

Bottom line, without a clear timeline and family line it is impossible to determine if your cousin is eligible.

On Miami's website there is a comprehensive list of categories detailing each situation: https://consmiami.esteri.it/consolato_m ... hip_0.html

Se il suo bisnonno è diventato cittadino degli Stati Uniti o di un altro Paese straniero prima del 14 luglio 1912, ha perso la cittadinanza italiana e, assieme a lui, tutti i suoi figli minori (che a quel tempo avevano una età inferiore a 21 anni), compresi quelli nati all'estero.

Nota: una nonna nata prima del 1° gennaio 1948 può rivendicare la cittadinanza italiana solo dal padre e può passarla solo ai figli nati dopo il 1° gennaio 1948.

I am not aware of Miami accepting shared folders across consulates, I am afraid. On the plus side, Miami does not require non-line documents.

[phil100a]

Thanks, Italian translator for your information. Not sure if this would help, but here is my cousin's timeline (on his mother's side)

1) Great-great-grandfather immigrates to USA in 1907. Wife and children stay behind for two years,

2) Great-great-grandmother follows in 1909, with three children - among them my cousin's great-grandmother, who is 9 years old at the time (she was born in Italy)

3) Great-grandmother becomes naturalized US citizen (with rest of her family) in 1922, at age 20.

4) Great-grandmother marries in the mid-1920's

5) Grandmother is born to great-grandmother in late 1920's.

6) Grandmother later marries in mid/late-1940's

7) Mother is born in early 1950's.

Any help regarding eligibility (Miami Consulate) appreciated. I have informed my cousin of your prior post.

Thanks again, in advance...

[mler]

The age of majority in the 1920’s was 21. Since the ggm naturalized in 1922 with her family, she lost her Italian citizenship at that time.

Since she was not married pre-Cable Act, this is a straightforward loss of citizenship through naturalization.

[OpusReticulatum]

Question: My second cousin, who lives in Florida want to pursue jure sanguinis. His great grandmother - my grandfather's daughter - was born in Italy; she came to America in 1909. I am assuming that my second cousin's path would be through his great grandmother - correct?

Or, would my second cousin have to take the same path I did?

I concur with mler. It appears that your cousin's great-grandmother lost her Italian citizenship with the naturalization of her parents, since she was not yet 21 at the time.

In your original post, you asked if your cousin would have to apply via the same path that you did. What path was that?

Also, does your second cousin have any other Italian ancestry, aside from his great-grandmother, that might present additional possible paths?

[phil100a]

So, IF my cousin's great-grandmother had been over 21 at the time of naturalization would my cousin qualify,*in spite of* her great grandmother not being married pro-Cable Act? I ask because I'm not exactly sure of when her 21st birthday was. She was 9 when immgrating with her mother, in 1909; her father naturalized in 1922, so depending on her birthday she may have been over 21.

Also, my second cousin's great-grandfather on her mother's side immigrated in 1907. Her father was Italian, but I don't know anything about his history. I will look into it and suggest she check it out.

Thanks for your responses and sorry for my late reply to your helpful message (and "mler" too!)

[mler]

If the ggm was over 21, she would not have naturalized with her parents. You would have to check if she naturalized on her own at some later date.

Definitely check other possibilities. You cannot file a 1948 claim if there is a viable path through the consulate.