Claiming Italian Citizenship

[sbiondo257]

Hello everyone!

I just thought that I'd ask if there's any chance of me claiming citizenship through descent in my scenario. My great grandfather was born in Sicily in 1913 and became a naturalized U.S. citizen in the 1950s. His father came over and was also naturalized, but his mother came over and was not naturalized.

Is it possible to claim this through my great grandfather or his parents? If not there my great grandmother's side of the family:

My great grandmother was born in Michigan in 1917. Both her father and mother were not naturalized citizens, but lived in the U.S.

I'd appreciate the help! Thanks!

[mler]

It seems that you may have several possibilities. If you provide birth and naturalization dates, it will be easy to determine which path would work best.

[sbiondo257]

It seems that you may have several possibilities. If you provide birth and naturalization dates, it will be easy to determine which path would work best.

My great-grandfather Salvatore was born in Sicily in 1913, came to U.S. 1928, and was naturalized 1952. His father Ignazio was born 1878, came to U.S. 1920, and was naturalized 1926. His mother Pietra was born 1885, came to U.S. 1928, and wasn't naturalized.

My great-grandmother Rose was born in Michigan in 1917. Her father Giosuè was born 1864, came to U.S. 1910, and was never naturalized. Her mother Maria was born 1873, came to U.S. in 1912, and was never naturalized.

[mler]

In the first scenario: when Ignazio naturalized in 1926, his son, Salvatore, who was a minor when Ignazio naturalized, also naturalized. The 1952 date is likely not a naturalization, but a Certificate of Citizenship, confirming his 1928 derivative naturalization. The path through Pietra is possible, since she did not herself naturalize, but you need to check with a 1948 lawyer to determine if this is possible since Salvatore was born in Italy.

The second scenario works better since there was no naturalization at all. However, since this would be going through a woman, you would need to file through the courts, a 1948 case.

[sbiondo257]

In the first scenario: when Ignazio naturalized in 1926, his son, Salvatore, who was a minor when Ignazio naturalized, also naturalized. The 1952 date is likely not a naturalization, but a Certificate of Citizenship, confirming his 1928 derivative naturalization. The path through Pietra is possible, since she did not herself naturalize, but you need to check with a 1948 lawyer to determine if this is possible since Salvatore was born in Italy.

The second scenario works better since there was no naturalization at all. However, since this would be going through a woman, you would need to file through the courts, a 1948 case.

But in Salvatore's case, he was still living in Sicily when his father was naturalized. He then came to America two years later in 1928. The 1930 census lists him as an alien, while his father is listed as naturalized.

[mler]

That’s true. But unfortunately, according to the law, he immediately derived US citizenship when he set foot on US soil, where his father lived and had already naturalized. The naturalization was derived because he was still a minor when he arrived. The census is often inaccurate.

Take a good look at the 1952 certificate. It will likely state that his citizenship began in 1928. Certificates of Citizenship were often issued to adults who, although naturalized with their parents, had no official document to prove their US citizenship.

Fortunately, the 1948 route should work for you.

[sbiondo257]

Okay, this is more complicated than I thought! Thank you so much for clearing things up!

What exactly is the 1948 law? Also, is there an average price for obtaining dual citizenship like this?

[mler]

What we often call a 1948 case, is simply a case that challenges Italian law which did not permit a woman to pass citizenship to her child before 1948. After 1948, the law changed, and this restriction was dropped. Court challenges have been uniformly successful because, although consulates refuse to interpret the 1948 law as retroactive, Italian courts have consistently ruled that to deny a woman the right to pass citizenship to her children would be discriminatory.

So a 1948 application is likely to be successful. More and more Italian attorneys are taking on cases of this nature, because they are quite straightforward and lucrative. In a sense, this is an easier approach in that consulates today are overwhelmed with applicants, so getting appointments is quite difficult. The downside is that you are going through an attorney, and attorneys are not inexpensive. If several members of your family are interested, it makes sense to apply together and share costs. There is no need for you to actually go to Italy to do this; the attorney will handle it without your presence.

You should look through the 1948 threads on this site as well as the one on the Tapatalk Italian Citizenship forum, which is extensive and informative. The cost will vary based on the attorney and the number of applicants being included in your petition, so check around. The attorney will guide you in terms of the specific documents you will need. One recent change is that cases are now being heard in the specific comune of record rather than totally in Rome, which had been the case for several years.

Your case seems rather straightforward, so you should do well. You may want to begin by sending for “no naturalization record found” proof from USCIS for Geosuè, while you are researching attorney options.

Best of luck.

[sbiondo257]

Great!! Thank you so much for all your help!