Italian Citizenship through female?

[poliquie]

I have been looking at obtaining italian citizenship through my Paternal Great Grandfather- Paternal Grand- my Dad- me, but have been having trouble with the records from Torre Del Greco. So I am wondering if I can go through my Paternal Grandmother's side.

My Great Grandfather- born in Italy in 1874, Married in Italy in 1900 (San Giuseppe Jato) Immigrated to US with my great grandmother- Naturalized AFTER my grand mothers birth in USA in 1924

Grandmother born in 1918, Dad in 1943

Does the rule regarding Females passing down citizenship only apply to the Native born Female? or is my grandmother' citizenship passed down to my dad also affected?

[poliquie]

Just re-reading this:

For clarification
Great Grandfather Naturalized in 1924 AFTER my grand mothers birth in 1918

[mler]

Since your dad was born before 1948, this path would require a lawsuit. The place of birth doesn’t matter; the date does.

[poliquie]

Even though my grandmother was born in the USA? Her father is the native born Italian

[jennabet]

It doesn't matter where your grand-mother was born. She would not have been able to pass the Italian citizenship she inherited from her father to any of her own offspring born before 1948. My mother was also born in USA and inherited Italian citizenship from her Italian born father but my mother could not pass Italian citizenship to me because she gave birth to me in 1946. Fortunately my father is also Italian so my Italian citizenship was recognized through my paternal line. My sister, born in 1950 was qualified with both lines, maternal and paternal.

[mler]

Exactly. The law before 1948 did not permit women to pass on citizenship. This applied to all Italian woman no matter where they were born or where they resided. As jennebet’s example demonstrates, it’s not the place of birth that is significant; it’s the date of birth.

However, because the courts are now routinely awarding citizenship to people whose ancestors fall into this category, your odds with a court case are excellent.

[khoney]

Clarification please regarding decent through mother

Does this line of decent qualify for dual citizenship without filing a court case?

Great-grandparents were born in Italy to Italian parents who married after moving to the USA

Grandfather born about 1900 in the USA and married Grandmother who was born in the USA to Italian parents

Mother was born in USA in 1930’s. Married an American citizen

Son was born in 1950’s

None of the individuals above were naturalized prior to their marriage or birth of their children

Is my understanding correct that so long as the son was born after 1948 he could claim decent for citizenship purposes through his mother or did the mother need to be born after 1948?

Thank you

[mler]

You are correct. As long as any naturalizations took place before the child’s birth, this is a path that does not require a lawsuit.

[khoney]

Thank you for your reply. Just curious, would the same apply if you were to substitute the grandmother in this case? I ask because the grandmother’s name and age on the various records are much more consistent than her husband’s.

[mler]

Yes, but it would have to be a court case.

[poliquie]

What is involved in a court case to pursue the citizenship?

[mler]

You need to contact a lawyer, and he will guide you through the process. Many have used Sig. Paiano, but there are others as well. Check out the 1948 thread on this (and other) sites, and you will find all the information you need.

It is possible that you will be asked to try your grandfather’s line at the consulate, because the courts appear to be reluctant to take cases if other avenues have not been pursued. Also, keep in mind that the court route is more expensive.

[cgammaro]

Have a question about that. I'm eligible to have Italian citizenship because my great-grandfather was Italian. so my line is great-grandfather Italian, gf, my father and I. My gf was born in Brazil, 1904, his dad born in Italy around 1876, my ggf married in Brazil in 1902.

However I'm finding some difficulties, one is to find his birth cert, he died young so not much info about him, and most of his name in the different certificates are wrong, missing name, last names wrong, wrong spelling etc.

My great-grandmother was also born in Italy, 1888, came to Brazil, married my Italian ggf. Can I just decide to use her instead?

I have more information about her, and may be easier for me, and I also heard the following:

The Italian consulate in Brazil takes 10 years (yes 10 years) to process your request for citizenship, that If I take the the ggf line, all men. However If I go to court, through my ggm then process may take only 6 months. Can you confirm about the timing for court? How about the costs any estimation? Also her name is correct in most of the certificates, so I may use the certificates as they are and will be less difficult. And obviously If I can have it in less than a year, why wait for 10?

[mler]

The best people to ask are those who have been through the process. Why not check out the 1948 thread. I’m sure you will find much information there. My guess is that the court process takes much less than ten years.

I’m not certain about this, but I have heard from some that the courts will not accept cases if there is an alternate possibility through the consulates or the comune. If you contact one of the several lawyers who handle such cases, he would be able to tell you if this is the case. He would also be able to provide you with time frame and cost information.