1912 Rule

[enonewt]

here is my situation

GGF born italy 1855, immigrated to USA 1887
GGM born italy 1864, immigrated to USA 1893
GGF naturalized 1904
GF born 1902 (before GGF naturalized)
mother born 1933

I thought I might have a case to challenge the 1948 ruling but it looks like I would be shut down due to 1912 Rule, I emailed Luigi Paiano my situation and he says I would be ineligible due to 1912 Rule. Seems like there have been cases similar to mine that challenged the 1948 Rule from the maternal great grandmother not naturalizing.

wanted to get any thoughts as to accepting defeat or is there a change I can challenge the rule.

[mler]

I’m thinking that Sig Paiano knows better than most of us how the courts have been ruling. It appears 1912 considerations supersede 1948 issues.

Do you have any possibilities on the maternal side?

[Barga1948]

Because your GF was a minor child Italian Citizen residing outside of Italy in his father's house hold AND his father naturalized before 1912; your GF also lost his Italian citizenship at the time your GGF naturalized. - It does seem your only option is to focus and research the 1948 rulings.

good Luck

[jennabet]

It doesn't matter whether an Italian minor lived in his father's household or not. He could have lived in his uncle's household or in a friend's household and still been naturalized along with his father when the father naturalized. There are only a few circumstances where a minor is not naturalized along with the father -- for example if the minor was already married regardless of where he and his wife lived, including with his father.

[mler]

...or if the minor child still resided in Italy.

[enonewt]

My great aunt stayed back in italy to take care of my GGGM in the hopes of coming to USA but never made it to USA. Seems to me I should be able to focus on the 1948 ruling through my GGM? get's confusing.

[mler]

I don’t think that would work. Even though your ggm naturalized through her husband, I believe only the loss of HER citizenship can be challenged. Her children still lost citizenship through their father. As far as I know this aspect of the 1912 rule has yet to be successfully challenged. I think that’s why Sig Paiano said you were ineligible.

Any possibility through your dad?