Has anyone heard about the 1912 Rule rumors going around? I’ve read online on some other forums and on Facebook that certain consulates are interpreting the law as no one born before 1912 in the US can retain their parent’s Italian citizenship regaurdless of when or if they naturalized... Is this true?
I am going through my GGGF (born in Italy 1866 and never naturalized) - GGF (born in US in 1909) - GF (born US 1936) - M (born US 1958) - Myself (born US 1984). I thought I qualified, but now am unsure with wether on not the above mentioned interpretation of the law is true as my GGF was born in 1909... I am going to be studying for two years in Italy starting this fall and would love to apply while I’m there. I have all my documents and just need Apostilles and translations. I was going to do this before going to school. However, I don’t want to spend anymore money if I don’t even qualify anymore. Any help or insight would be greatly appreciated!!! Thank you!!
New 1912 Rule Controversy
Re: New 1912 Rule Controversy
I’ve heard about this as well. We saw something similar happen several years ago when SF began turning down applicants whose ancestors had naturalized before 1912. Soon that interpretation was accepted at all the consulates.
This new interpretation seems to be in the early stages, and there is no certainty that it will be officially adopted. Since you have your paperwork almost complete and will be living in Italy, I suggest you apply there. It will take a while for this new reading of the 1865 statute to be reviewed and either be accepted or rejected, and in the meantime it is likely your citizenship will have be recognized.
Keep in mind that before the last “1912 rule” was applied, many people whose ancestors naturalized before the enactment of the law had already been recognized, and none have had their citizenship challenged.
This new interpretation seems to be in the early stages, and there is no certainty that it will be officially adopted. Since you have your paperwork almost complete and will be living in Italy, I suggest you apply there. It will take a while for this new reading of the 1865 statute to be reviewed and either be accepted or rejected, and in the meantime it is likely your citizenship will have be recognized.
Keep in mind that before the last “1912 rule” was applied, many people whose ancestors naturalized before the enactment of the law had already been recognized, and none have had their citizenship challenged.
Re: New 1912 Rule Controversy
@mler Thank you so much!!
Re: New 1912 Rule Controversy
Hi,
Looks like at least in Washington DC the embassy is stopping anyone with a relative born in the United States before 1912 even if their parents never naturalized. The case was:
GGF came to US 1909 never naturalized
GF born 1910 - us citizen based on birth - so he lost his right to Italian Citizenship since he was born in the United States before 1912.
Looks like at least in Washington DC the embassy is stopping anyone with a relative born in the United States before 1912 even if their parents never naturalized. The case was:
GGF came to US 1909 never naturalized
GF born 1910 - us citizen based on birth - so he lost his right to Italian Citizenship since he was born in the United States before 1912.
Re: New 1912 Rule Controversy
@tvalenti How did you hear this?
Re: New 1912 Rule Controversy
Someone posted this experience on Facebook and on Tapatalk.
Keep in mind, though, that no one has yet been rejected outright, and 1948 lawyers seem to still be accepting cases with these date issues. Also, no negative reports from comuni.
This issue has yet to be resolved.
Keep in mind, though, that no one has yet been rejected outright, and 1948 lawyers seem to still be accepting cases with these date issues. Also, no negative reports from comuni.
This issue has yet to be resolved.
Re: New 1912 Rule Controversy
I don't see any problem with the original poster's claim if there was no naturalization outside Italy in the facts.
There is a "1912 rule" because a new law was passed in 1912 enabling certain children* with Italian citizenship to keep their Italian nationality in the event of the naturalization of their parents.
* Children born with the birthright citizenship of a birthright country such as U.S.A.
But this rule of allowing children to keep their Italian citizenship when their parents naturalized did not exist before the new law was made in 1912.
The law of 1912 was particular about saying that it didn't change anyone's citizen or alien status merely by it's passage, and changes in status would need to depend on subsequent events.
That is the basis of the "1912 rule".
There is a "1912 rule" because a new law was passed in 1912 enabling certain children* with Italian citizenship to keep their Italian nationality in the event of the naturalization of their parents.
* Children born with the birthright citizenship of a birthright country such as U.S.A.
But this rule of allowing children to keep their Italian citizenship when their parents naturalized did not exist before the new law was made in 1912.
The law of 1912 was particular about saying that it didn't change anyone's citizen or alien status merely by it's passage, and changes in status would need to depend on subsequent events.
That is the basis of the "1912 rule".
