Naturalization & Iure Sanguinis?

Over 25 million Italians have emigrated between 1861 and 1960 with a migration boom between 1871 and 1915 when over 13,5 million emigrants left the country for European and overseas destinations.
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it1001
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Naturalization & Iure Sanguinis?

Post by it1001 »

My father was an Italian citizen born in 1915. He emigrated to the US and was naturalized in 1947 by marriage, but he did not renounce his Italian citizenship. I was born in 1952. Does his naturalization prior to my birth disqualify me from citizenship by iure sanguinis?
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mler
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Re: Naturalization & Iure Sanguinis?

Post by mler »

According to Italian law, naturalization ended Italian citizenship so that would disqualify you from applying though his line.

However, if your parents married before he naturalized, your mother automatically acquired Italian citizenship at that time, and she was not affected by his naturalization, so you would qualify through her.
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Re: Naturalization & Iure Sanguinis?

Post by mler »

I should add that before 1992, it was not necessary to formally renounce Italian citizenship. The mere act of naturalization casused citizenship loss.
it1001
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Re: Naturalization & Iure Sanguinis?

Post by it1001 »

mler wrote:According to Italian law, naturalization ended Italian citizenship so that would disqualify you from applying though his line.

However, if your parents married before he naturalized, your mother automatically acquired Italian citizenship at that time, and she was not affected by his naturalization, so you would qualify through her.
This avenue might work. Is there any more information on this? What documentation would I need? Can I simply make an appointment for jure sanguinis through the consulate and put down her name instead of my father's?
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Re: Naturalization & Iure Sanguinis?

Post by mler »

You would be tracing your citizenship through your mother, but first you would have to demonstrate she was indeed a citizen. This means showing proof of your father's citenship and naturalization PLUS the marriage certificate demonstrating the marriage took place before naturalization.

It's important to gather all required documents before going to the consulate.
it1001
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Re: Naturalization & Iure Sanguinis?

Post by it1001 »

mler wrote:You would be tracing your citizenship through your mother, but first you would have to demonstrate she was indeed a citizen. This means showing proof of your father's citenship and naturalization PLUS the marriage certificate demonstrating the marriage took place before naturalization.

It's important to gather all required documents before going to the consulate.
I have the originals of those documents. Do I simply bring those to an appointment for my citizenship or do I first need to get her citizenship through marriage arranged separately?
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Re: Naturalization & Iure Sanguinis?

Post by mler »

There is no paperwork to demonstrate citizenship through marriage. It's the dates that make the case.

However, be sure that you have all US documents (excluding naturalization papers) translated and apostilled before your appointment date. This includes all pertinent birth, marriage, and death certificates from the original ancestor (your father) to you and your children if they are applying.
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Re: Naturalization & Iure Sanguinis?

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I saw on the consulate website that we do not get the documents back. Is that accurate? Is it possible to get official copies?
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Re: Naturalization & Iure Sanguinis?

Post by mler »

I got my grandfather's Italian birth certificate back. I did not have the original naturalization certificate and used the Petition and Declaration (the date the oath was taken was stamped on the form). This was not returned.

Other US documents were kept, so you may want to obtain certified copies and get them apostilled.
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