Am I eligible? GF wasn't a citizen but dad was in WW2

[KTGbgr]

My grandfather was from Lustra, and landed in NYC in 1904. Although he filled out a Declaration of Intention in 1917, he wasn't a citizen when my father was born in Brooklyn, NY in the late 1920s. (The 1940 census has his citizenship as "Al", and he carried an alien registry card stamped in 1942). My father was drafted in World War 2. Assuming he took the oath of enlistment, does his allegiance to the USA disqualify me from getting a dual passport? Or am I eligible since he was born a US citizen, and never had an Italian citizenship to renounce in the first place? The wording is a bit confusing in all of the explanations I've been reading online.

Thanks in advance for any clarification.

[qualdom]

I don't think anyone involved in this process needs to even know that your father served in the US military during WW2.

As long as your GF didn't naturalize, the 1912 Italian nationality law establishes that children born to Italian citizens in jus soli countries like the USA retain their Italian citizenship.

I have read that certain consular officials have tried to insist that the 1912 law cannot be applied retroactively, and therefore children born in the USA (or other jus soli countries) between 1861 and July, 1 1912 did not retain their Italian citizenship as there was no law which referenced dual citizenship. I don't think this has ever been a wide-spread policy, just the interpretation of a few rogue consular officials. Your father was born well after 1912 anyway.

It appears that you are eligible.

[mler]

Serving in the US Armed Forces did not cause the loss of Italian citizenship.

[amerital43]

My father was born before 1912 and his parents were still Italian citizens at the time. He also served in WWII. By that time my GF had become a citizen, and my father by 'minor child' default, also. But at the time of his birth he was not, nor for a few years afterward. I believe I have an acceptable situation for application.

[mler]

Your father was an Italian citizen at the time of his birth. Unfortunately, if he naturalized as a minor, he was not an Italian citizen at the time of YOUR birth, and that’s what counts.

[qualdom]

Your father was an Italian citizen at the time of his birth. Unfortunately, if he naturalized as a minor, he was not an Italian citizen at the time of YOUR birth, and that’s what counts.

His father was born in Brooklyn. Wouldn't he be eligible except in the cases where certain judges have ruled unfavorably when the Italian born ancestor naturalized prior to the 21st birthday of the first US born ancestor?

[amerital43]

Your father was an Italian citizen at the time of his birth. Unfortunately, if he naturalized as a minor, he was not an Italian citizen at the time of YOUR birth, and that’s what counts.

No you're wrong. Because at this time are many people applying for dual citizenship and their parent is an American, as they are. I'm only 2nd Gen. and could indeed prove my father was a citizen of Italy, as was his father & mother at his birth. So I could be determined to be a full American only ONE Gen away from the old country.

[mler]

If your father was born in the US, not a problem. If he was born in Italy, a problem.

Your post misstates your father’s (and thus your) situation. You wrote: “my GF had become a citizen, and my father by 'minor child' default,” and that implies that your father was born in Italy.

Understand that children born in the US become US citizens by birth, not through naturalization as a minor child.

The only possible problem would be if your gf naturalized before the 1912 law was enacted.