Qualification Check Please...

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.
Post Reply
Rossonero3
Veteran
Veteran
Posts: 159
Joined: 28 Mar 2017, 23:09
Location: Salem, MA USA

Qualification Check Please...

Post by Rossonero3 »

Hello, I have a friend who recently expressed interest in pursuing citizenship. He has an Italian born Grandfather, however IMO I believe the line is broke due to the minor issue, but wanted to double check and get 2nd opinions.
Here is what I know...

GGF b. 1886 in Italy
- emigrated 1917 to U.S.
GF b. 1914 in Italy
- emigrated 1920 w/ mother and siblings.
F b. 1956 in U.S.

GGF took Oath of Allegiance in 1931. GF was 17yrs old in 1931. GGM never naturalized.

Thanks
Researching areas - Marzano Appio, Caserta and Carinola, Caserta
CaputoBruno
Veteran
Veteran
Posts: 183
Joined: 03 Oct 2023, 02:09

Re: Qualification Check Please...

Post by CaputoBruno »

@Rossonero3 -

Your understanding it correctly, and based on current interpretations, your friend’s grandfather (GF) likely lost his Italian citizenship when his father (the GGF) naturalized in 1931, while the GF was still a minor. This falls squarely under what's known as the "minor issue," which many consulates currently treat as a break in the citizenship line.

That said, the Corte Costituzionale (Italian Constitutional Court) is scheduled to meet on June 24th, and they may issue a ruling that clarifies or reinterprets this issue. The outcome could significantly affect how these cases are evaluated moving forward.

There's also a possible alternative: since the great-grandmother (GGM) never naturalized, your friend may have a path through a 1948 case—a legal challenge in Italian courts based on the historical discrimination against women in citizenship transmission. While these cases have been consistently successful in the past, there is some uncertainty now as to whether they might also be affected by upcoming reforms or judicial rulings.

Because of this, I’d strongly recommend speaking with an Italian citizenship attorney—but I would avoid investing significant time or money until after the Constitutional Court’s ruling in June, which could reshape the legal landscape for these types of claims.
User avatar
mler
Master
Master
Posts: 2515
Joined: 01 Apr 2006, 00:00

Re: Qualification Check Please...

Post by mler »

I agree with CaputoBruno with one exception. It is true that cases involving women ascendants who naturalized through the naturalization of the husband, have been successful. The problem in your case is that this woman is your great grandmother. That would be one generation too far back. I’m guessing (and until there is further clarification no one knows for sure) that claiming citizenship through your Italian-born grandfather would be an upward battle. It would be difficult to claim that your Italian-born grandfather never naturalized because his mother didn’t technically naturalize on her own behalf, because he clearly became a US citizen.

But until we get official word, the best we can do is guess.
Post Reply