Confused on eligibility Jure Sanguinis?

[cvmadd]

Hi VinceJones,

I could be wrong, but I believe since your ggf naturalized when your grandfather was a minor, this means that, unfortunately, your grandfather automatically lost his Italian citizenship and became a US citizen with your ggf. As such, your mother would have been born to a US citizen.

I only say this because I'm dealing with something similar....but with my grandmother, which, as you know, is a whole other kettle of fish due to the 1948 rule! Anyway, I have been in recent correspondence with a USCIS researcher who explained it like this: "Prior to March 1929, children gained the citizenship of their naturalizing parents. Therefore, the child became a US citizen upon the parent's naturalization." Any chance you have the date wrong on your ggf's naturalization? A few months could make all the difference!

[mler]

That’s incorrect, and VinceJones does qualify.

Naturalization of a parent only caused the loss of citizenship to those children who were born after that naturalization.

Yes, a minor child who naturalized with his/her parent lost citizenship, but a child born in a jus soli country could not naturalize to obtain a citizenship he/she acquired at birth. No naturalization=no citizenship loss.

[cvmadd]

Hi mler!

Sounds like good news, VinceJones!

So, I realize my case and VinceJones' are different, but I'm interested in this issue because it's directly impacting my application for dual citizenship with Luigi Paiano. My grandmother was apparently a minor (just barely, sigh!) when her father naturalized in 1923. She came to this country in 1921, and never naturalized on her own, but both Luigi and USCIS told me that she automatically became a naturalized US citizen upon the naturalization of her father, thus being unable to pass her Italian citizenship onto her children (disregard 1948 rule for a minute obviously). Especially because all of this occurred before the rule changed in March of 1929. I was pretty crushed by that news (she actually regained her Italian citizenship because she married my grandfather who was still Italian citizen in 1928, but that's a story for another thread!), but am still trying to understand it all the way. So, is it that VinceJones is eligible because his grandfather was born here; whereas, because my grandmother was born in Italy, I am not? Is that right?

Here's the relevant section of my timeline:
-grandmother born: 1906 in Italy
-great grandfather immigrates to US: 1907
-grandmother and great grandmother immigrate to US: 1921
-great grandfather naturalizes: 1923 when grandmother is still a minor

Thoughts? Am I just kind of stuck with this? I'm also realizing something as I type....my ggm went back to Italy for a few years and, for some reason, was not naturalized along with my nonna and ggf. In fact, we have her records she did not naturalize until 1942 when my grandmother would've been 36....I wonder if there's some kind of traction for me there? As in, even if my nonna was considered a US citizen in 1923, she still had a parent who was not a US citizen. Or maybe it's still not possible because of my ggf's naturalization triggering my nonna's? Does any of this make sense?

Sorry for all the questions! We'd been told all these years that my nonna never naturalized, so I'm still trying to wrap my head around all of this!

[mler]

Yes, that’s exactly right. Minors born in Italy naturalized with their parents; those born in the US retained Italian citizenship because their US citizenship was obtained by birth on the soil.

I am PMing you with additional thoughts.

[almondfarmers]

I have two eligibility scenarios I'm researching:

1: thru mother - grandfather - great grandfather
2: thru mother - grandfather - great grandfather - great great grandmother

Am I eligible for dual citizenship also?:

Great Great Gfather and Great Great Gmother are married in Italy as native citizens.
Great Gfather born in Italy 1900
Great Great Gfather immigrates to US.
Great Great Gmother stays in italian and dies and italian citizen in 1965.
Great Gfather arrived 1914 (as a minor) with his uncle to join dad (Great Great Gfather) in US
Great Gfather married Jan 1924
Great Gfather has Grandfather in Chicago in 1932
Great Gfather naturalizes in 1941
Grandfather has grandmother in 1955
I'm born (hi in 1981

Although the 1941 petition for naturalization of my Great Gfather required that the spouse, all children (my grandfather), address of residence is included, I see no action by the court to formally naturalize all his minor children. My great grandfather was granted his naturalization on a card. No one else received cards. So was my grandfather able to carry on the eligibility to all of us since he was born before my great grandfather naturalized, or did we lose it from my grandfather when my great grandfather naturalized in 1941 because my grandfather was a minor still in 1941?

Feels like grandpa was considered a citizen by birth so formal naturalization wasn't necessary...but I'm just not sure?

Also, Great Great Grandma remained an Italian citizen till her death in Italy. Does this also qualify me?

IF yes, to either, GREAT! Which one would be better if Yes to both? And if no to both, at least I'll know before the hard work of gathering all the documents.

Thank you all so much, in advance, for your help!
A descendant of Almond Farmers.