Do I have a consulate case after all?

[JTSD20]

Hi guys, I'm almost done gathering records for my 1948 case. I've been with ICA since Oct 2021.

I read something on the Bersani Law Firm site - they say that if a child is born in the US to an Italian father who naturalized in the US before 1912 (but after the child's birth), the child's Italian citizenship could have survived the father's loss of citizenship.

My great-great grandfather was born in Italy in 1881. His son was born in the United States in 1906. My great-great grandfather naturalized in the US in 1909. He lost his Italian citizenship. However, is it possible that his son (my great grandfather) retained his Italian citizenship because he was born in a jus soli country to a father who was Italian at the time of his birth?

I know that the 1912 rule would have revoked Italian citizenship if the minor son was born in Italy, but he was already a US citizen when his father became a US citizen in 1909.

I've emailed the LA consulate just in case, but wanted to ask here in case they take a long time to get back to me.

[JTSD20]

Sorry guys, looks like there was a thread about this last year that I even commented on. But if anyone has any input since then I'd be happy to hear it. From what I read in that thread, there wasn't really a conclusion.

[mler]

The pre-1912 naturalization ended Italian citizenship for all members of the family, even those born in a jus soli nation before the naturalization.

Some have gotten around this by claiming citizenship through the mother, who was naturalized involuntarily, but that approach also requires a 1948 class, so it wouldn’t help you much.

[JTSD20]

Hi Mler, thank you for the clarification. I'm on track to file a 1948 case later this year (hopefully) with ICA through my GG Grandmother (married to the GG Grandfather who lost his citizenship). Just wanted to leave no stone unturned.

[afecad]

I’m using ICA as well and my case is similar to yours, my great grandfather naturalized before 1912 and my grandfather was born in 1915. It took ICA some time to validate all the records, thus we switched to a 1948 case via my great grandmother who never naturalized and ICA obtained a no record found from USCIS, NARA and the county courthouse in the area they resided.

I hope to file my case in Catanzaro sometime this year, still waiting for one document to arrive. The process is slow to say the least…

[mler]

When a man naturalized before the 1922 Cable Act, his wife automatically naturalized with him, making her a US citizen involuntarily. That is why no naturalization records will be found for a woman in that situation. I’m guessing the Italian courts still insist on a “no record found.”

I know the process is slow but, if it’s any consolation, it is also slow through the consulates.

[JTSD20]

I’m using ICA as well and my case is similar to yours, my great grandfather naturalized before 1912 and my grandfather was born in 1915. It took ICA some time to validate all the records, thus we switched to a 1948 case via my great grandmother who never naturalized and ICA obtained a no record found from USCIS, NARA and the county courthouse in the area they resided.

I hope to file my case in Catanzaro sometime this year, still waiting for one document to arrive. The process is slow to say the least…

Good luck Afecad, me too! I'm just waiting for the CONE and several apostilles. I wonder how long the translations and writing the case summary take ICA to handle. I have a parent who isn't receptive to amending one doc so I hope it won't kill my case.

[JTSD20]

When a man naturalized before the 1922 Cable Act, his wife automatically naturalized with him, making her a US citizen involuntarily. That is why no naturalization records will be found for a woman in that situation. I’m guessing the Italian courts still insist on a “no record found.”

I know the process is slow but, if it’s any consolation, it is also slow through the consulates.

Thank you Mler. I don't mind the slow process. I just worry having a 1948 case. Like I feel my case is less legitimate than a consulate case because going through my female ancestor hasn't been codified into law. It's been 13 years since the first case was won and I haven't heard any notion to change the law. that's just my own insecurity talking, though.

[qualdom]

When a man naturalized before the 1922 Cable Act, his wife automatically naturalized with him, making her a US citizen involuntarily. That is why no naturalization records will be found for a woman in that situation. I’m guessing the Italian courts still insist on a “no record found.”

mler,

I think there are certain instances where women from that era would have a record with USCIS. I was reading on the USCIS genealogy page....I guess some of those pre-1922 women needed proof of citizenship later in life to apply for social security benefits or other survivor benefits....so the USCIS started issuing derivate certificates of citizenship after 1929. I put in an index search request to see if any of my ancestors were issued those certificates.