does a minor loose Italian citzenship with derivative nat?

[Steverino3006]

in anticipation of my cousin's question (her dad was born in Italy; mine was born here):

GF born in Italy
F born in Italy
both come to the US
GF naturalizes in US circa 1928; F as a minor gets derivative US naturalization

did F loose his Italian citizenship? (does it matter his age or understanding of what was happening?)

[mler]

Yes, he did lose Italian citizenship. Italy recognizes a parent's right to make naturalization decisions on behalf of a minor. Sorry.

BTW, if the minor, upon reaching his majority, chose to disaffirm this decision, that would restore Italian citizenship. Realistically, however, that was unlikely to happen since doing so would have resulted in the loss of U.S. citizenship.

[corrado]

I think you need to check this out, Derative citizenship stopped I belive in 1922 or 1926. I could be wrong, but unless both parents naturalized not just the father, us citizenship does NOT pass to the child after those dates. The child has to apply on their own. So I think you may be ok.

[corrado]

I think you need to check this out, Derative citizenship stopped I belive in 1922 or 1926. I could be wrong, but unless both parents naturalized not just the father, us citizenship does NOT pass to the child after those dates. The child has to apply on their own. So I think you may be ok.

[Steverino3006]

I think you need to check this out, Derative citizenship stopped I belive in 1922 or 1926. I could be wrong, but unless both parents naturalized not just the father, us citizenship does NOT pass to the child after those dates. The child has to apply on their own. So I think you may be ok.

most web sites talk about current law, but this one has a chart showing historical derivative citizenship mechanisms. If it is correct, my cousins are still out of luck (at least as far as their dad's side).

http://www.shusterman.com/citz-chart1.html

[mler]

Before 1922, American women citizens who married foreign men lost their U.S. citizenship. In 1922, the Cable Act ended this travesty.

However, foreign born minor children whose parents naturalized, naturalized with their parents. This is the derivative citizenship to which I think Steverino refers; and unfortunately, citizenship derived in this manner does constitute renunciation.

The law has changed over the years, but essentially that's how it worked in the early part of the 20th century.

[mler]

Steverino, the chart you posted will be invaluable for many people trying to determine their eligibility. I'm sorry it doesn't work for your cousins. Hope they can find another route.

[Steverino3006]

Steverino, the chart you posted will be invaluable for many people trying to determine their eligibility. I'm sorry it doesn't work for your cousins. Hope they can find another route.

thanks. Here is another chart that might prove helpful to others. This forum should save these charts someplace, in case they disappear from where I found them.

http://www.shusterman.com/citz-chart2.html

[teddi]

I'm a bit confused. Both charts appear to cover the case of children born abroad to a US citizen. Isn't the issue a person born abroad, moving to the US, and their parent naturalizing ?

[Steverino3006]

I'm a bit confused. Both charts appear to cover the case of children born abroad to a US citizen. Isn't the issue a person born abroad, moving to the US, and their parent naturalizing ?

now I'm confused. you are right, valuable as those charts might be to others, they do not show the history of derivative naturalization in the US.

[Steverino3006]

another, very legalistic law review article. .page 15nus most interesting, but seemingly does not apply to my cousins

http://www1.law.nyu.edu/pubs/annualsurv ... 7_2008.pdf