Am I eligible? GF wasn't a citizen but dad was in WW2

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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KTGbgr
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Am I eligible? GF wasn't a citizen but dad was in WW2

Post by KTGbgr »

My grandfather was from Lustra, and landed in NYC in 1904. Although he filled out a Declaration of Intention in 1917, he wasn't a citizen when my father was born in Brooklyn, NY in the late 1920s. (The 1940 census has his citizenship as "Al", and he carried an alien registry card stamped in 1942). My father was drafted in World War 2. Assuming he took the oath of enlistment, does his allegiance to the USA disqualify me from getting a dual passport? Or am I eligible since he was born a US citizen, and never had an Italian citizenship to renounce in the first place? The wording is a bit confusing in all of the explanations I've been reading online.

Thanks in advance for any clarification.
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qualdom
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Re: Am I eligible? GF wasn't a citizen but dad was in WW2

Post by qualdom »

I don't think anyone involved in this process needs to even know that your father served in the US military during WW2.

As long as your GF didn't naturalize, the 1912 Italian nationality law establishes that children born to Italian citizens in jus soli countries like the USA retain their Italian citizenship.

I have read that certain consular officials have tried to insist that the 1912 law cannot be applied retroactively, and therefore children born in the USA (or other jus soli countries) between 1861 and July, 1 1912 did not retain their Italian citizenship as there was no law which referenced dual citizenship. I don't think this has ever been a wide-spread policy, just the interpretation of a few rogue consular officials. Your father was born well after 1912 anyway.

It appears that you are eligible.
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mler
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Re: Am I eligible? GF wasn't a citizen but dad was in WW2

Post by mler »

Serving in the US Armed Forces did not cause the loss of Italian citizenship.
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