1948 Rule - Question?

[thcondone]

Good Afternoon,

GGF and GGM both born in Italy
GF and GM both born in Italy (1884 and 1887 respectively)
F born in the US (1925)

My GF and GM came to the US (1904). GF naturalized in 1920. Since my F was born after my GF naturalized, I believe I cannot use that 'line'?

However, I had read where the Italian courts still views my GM as a Italian citizen regardless?

If Italy stills view my GM as a Italian citizen, can I use that line, GM-F? If so, I will assume my next hurdle would be the 1948 rule?

Any help would be great!

Thx,

Tom C.

[mler]

Since your gf became a US citizen in 1920 before the Cable Act was passed, your gm automatically became a citizen as well at that time. The courts have been ruling that the automatic acquisition of a foreign citizenship through marriage did not cause a loss of Italian citizenship for the woman (since she did not herself naturalize). You, therefore, have a viable 1948 case.

You will need to supply your gf’s information as well because his naturalization set the stage for your claim.

[thcondone]

Thank you,

1 additional question...I realize I need to find a qualified attorney...but in terms of paperwork, is there a checklist I could use as a reference?

Unfortunately, the amount of documents I have in my possession at this point is sparse:

GM: Original Birth Certificate

GF: Original Certification of Naturalization; Copy of the Declaration / Petition for Naturalization

F: Original Baptism, Birth Certificate, & Death Certificate

TY again...and Happy New Year ~

[mler]

Check the consulate websites. The list is the same. Basically, you need all birth, marriage, death and naturalization records from your line of descent. Spouse information is also required at most consulates, but only the lawyer can tell you if you will need them for a court case.

Best of luck, and have a great 2018.