Hi Everyone, here 1948 case situation:
My Italian-born GG Grandfather came to America in the late 1880's and might have gotten naturalized. We can't find an EXACT match for him in USICS's records, but they did find a likely suspect in the same place where he lived. He has a slightly different first name, the anglicized version of his common Italian first name, and is married to a woman with a very similar first name and the same maiden name as his future wife/my GG Grandmother, but the man in the records may or may not be my ancestor, I can't tell. USCIS just explained that is it was an American passport application and that it stated that this guy was naturalized before the probate court of his town. I contacted that court's records clerk, and they also didn't have an exact match for a naturalization record but found one of someone with the same exact name as my GG, same Italian hometown, but he would have only been 13 years old by the time my G Grandmother was born in 1907, so it can't be him.
My GG comes back to Italy, marries my GG Grandmother around 1903 and has a son with her in Italy, goes back to USA, and brings her over around 1904-5.
In 1907, they have my ancestor, my G Grandmother in America. GG disappears after 1910, no death certificate exists for him. The only thing I could find for him around this time is in the 1910 census, which lists him, GG Grandmother and G Grandmother at an address. In that census, he has an "N", which I'm told stands for "Naturalized."
USCIS can't find any naturalization record for my GG Grandmother, not even a likely match. My Grandmother remembers my GG trying to get her naturalization later in life, but can't remember more if she was successful or even if she attempted or needed to apply in the first place. Apparently she never learned a lot of English which would have made it hard to take the test.
I will need to use a lawyer in any event as my G Italian ancestor is a woman, but my question is: do I still even qualify?
If I can't prove the possible match in USCIS's records isn't my GG Grandfather, then does that mean that his daughter, my G Grandmother automatically lost her Italian citizenship?
Would my GG Grandmother lose her Italian citizenship by marrying GG Grandfather in Italy if he was naturalized in America?
Would G still keep her Italian citizenship if G's Italian-born Mother never gave her citizenship up by marrying my GG Grandfather in Italy?
Can I just go through my GG Grandmother for my 1948 case, or did she lose her Italian citizenship by marrying someone who naturalized? She married GG Grandfather in Italy before the US Cable Act of 1922
And if there aren't any naturalization records for GG Grandmother or G because it was just assumed that since they were the wife and daughter of a naturalized citizen they were automatically counted as citizens under American law, would that effect my case?
Do I still have a shot at JS via a 1948 case?
Re: Do I still have a shot at JS via a 1948 case?
Yes, you do have a 1948 case.
Let’s assume your gggf did indeed naturalize. USCIS would be unlikely to have his records (I believe they started keeping them in 1906 and, at any rate, it appears he may have naturalized in the county in which he resided).
Because the marriage took place before the 1922 Cable Act, your gggm automatically received US citizenship through her husband. Courts have ruled, however, that a woman who automatically naturalized without affirmatively doing so herself, did not lose her Italian citizenship. Therefore, your ggm obtained citizenship through her still-Italian mother. And, yes, that is why you will not find naturalization records for her.
Let’s assume your gggf did indeed naturalize. USCIS would be unlikely to have his records (I believe they started keeping them in 1906 and, at any rate, it appears he may have naturalized in the county in which he resided).
Because the marriage took place before the 1922 Cable Act, your gggm automatically received US citizenship through her husband. Courts have ruled, however, that a woman who automatically naturalized without affirmatively doing so herself, did not lose her Italian citizenship. Therefore, your ggm obtained citizenship through her still-Italian mother. And, yes, that is why you will not find naturalization records for her.
Re: Do I still have a shot at JS via a 1948 case?
lal78148
How good of a writer are you?
I suggest you draft a letter addressed to the USCIS office AND a letter to the Court Clerk putting them both on the spot -individually. Basically write to them indicating that you need to obtain a definitive determination of whether the USCIS has a naturalization record of your GGGF becoming a US Citizen. Indicate that you need a "definitive determination showing without doubt that your gggf naturalized because you will need to present their response in a Court in Rome."
By doing this, you are putting them on the fence to either attest a solid YES or NO.
They shouldn’t get back to you with a “seems like it is him” letter. Obviously if the response is YES then that is the end of it, but I still suggest you contact a 1948 italian attorney to inquire if their response is good or not for a 1948 case.
My 2 cents.
How good of a writer are you?
I suggest you draft a letter addressed to the USCIS office AND a letter to the Court Clerk putting them both on the spot -individually. Basically write to them indicating that you need to obtain a definitive determination of whether the USCIS has a naturalization record of your GGGF becoming a US Citizen. Indicate that you need a "definitive determination showing without doubt that your gggf naturalized because you will need to present their response in a Court in Rome."
By doing this, you are putting them on the fence to either attest a solid YES or NO.
They shouldn’t get back to you with a “seems like it is him” letter. Obviously if the response is YES then that is the end of it, but I still suggest you contact a 1948 italian attorney to inquire if their response is good or not for a 1948 case.
My 2 cents.