Misspelled Name in Naturalization Certificate – still legally binding?

[collegestudent]

Hello!

I have a quick yes or no question. I am wondering if my grandfather's certificate of naturalization is valid if it misspells his last name, when compared to his birth certificate (pre-natualization), marriage certificate(post-naturalization), and birth certificate of his daughter (post-naturalization). The naturalization certificate does have the right age and location, so I know that it was meant for him.

However, he naturalized a few short years before the birth of his daughter (thus disqualifying me for citizenship through bloodline). If the naturalization certificate is not valid due to the misspelling, then I could theoretically still get a certificate of non-existence (because truly a naturalization certificate does not exist with his name as spelled on every other legal document I have located), and thus be eligible for Italian citizenship. Do any of you know if this is plausible?

Grazie mille!

[mler]

There were many minor misspellings on American documents but, unfortunately, this does not invalidate the naturalization. Likely the consulate will require additional confirmation of "no naturalization" such as census records and death certificate. They are very cautious about such claims.

However, if your grandfather married your grandmother before he naturalized, she became an Italian citizen. Perhaps that would work for you.

[jennabet]

Why must I see this question so often? If your grand-father married your grand-mother before he naturalized, she became an Italian citizen. As millions of Italians entered the United States between 1900 and 1930, most of them stuck with their own kind and married other Italians so the grand-mothers were already Italian. They didn't have to become Italian. Of course, there always would have been a few exceptions, but again, they were exceptions. I can't help thinking that the people who post these kinds of questions about whether or not a grand-mother was Italian just don't have a good enough understanding of Italian immigration and certainly didn't grow up in an area of the United States where there were nothing but Italians in certain neighborhoods. For the record, it wasn't until the second generation of children of Italian immigrants born in the United States that jumping into the melting pot started to occur. In my own family all nine first generation siblings of Italian parents married ONLY other Italians and this was a very common occurrence.

[collegestudent]

My mistake: the man in question is my great-grandfather.

The marriage occurred in Italy in the 1910s. He moved to the US, and on the 1920 census, he was listed as an alien. He naturalized in 1922 or 1923 under the incorrect name. His daughter, my grandmother, was born in 1925. He then died in 1927 (death certificate makes no mention of citizenship). Therefore, there are no census records of him having naturalized, and his wife naturalized separately in the 30s. However, because my grandmother was born before the late 40s, she could only have citizenship passed through the father.

In light of the misspelling on the naturalization certificate, the lack of census information post-naturalization, and the death certificate that makes no mention of his citizenship, should I pursue the matter further?

I appreciate your help.

[mler]

I think you may have difficulty applying through your great grandfather since the consulates are extremely vigilent about "no-naturalization" cases. It is, of course, possible to try and hope for a sympathetic consular officer, but you may waste a lot of valuable time with this approach.

A more promising approach (and a more ethical one) is to go through your great-grandmother. You have a legitimate 1948 case. This may be more costly, but it would likely be easier and less time consuming.

[collegestudent]

Do I have a 1948 case? My great-grandmother gave birth to my grandmother in 1925. Thanks again

[mler]

Yes, since she was still an Italian citizen at that time. You may want to check the 1948 thread at http://www.italiancitizenship.freeforums.org Best of luck.

Note it is near the top of the Jure Sanguinis section.