Another jure sanguinis questin: potential 1948 case

[mscale]

Hello all,

I've been investigating the possibility of getting Italian citizenship jure sanguinis, and these boards have been super helpful (thanks for that!). I'm wondering if I might have a potential 1948 case. Here's the timeline:

1880s: Paternal grandparents born in Italy

1906: Grandparents emigrate to the U.S.

1908ish: Grandparents marry in U.S.

1920 Census: Grandfather noted as having submitted naturalization papers; grandmother noted as "alien."

1921: Grandfather naturalizes in the U.S. No naturalization papers found for grandmother, but the "no records found" letter states that before 1922, women typically naturalized when their husbands naturalized. I now know this was changed via the Cable Act in 1922.

1922: My father was born.

1930 Census: States that both grandfather and grandmother are naturalized citizens.

1976: I was born (yes, my dad was 53 when I was born)

Obviously, I would've had a clear path to citizenship if my dad had been born before my grandfather naturalized. I do wonder, however, if I might have a 1948 case on my hands based on the fact that my grandmother never submitted naturalization papers and was simply automatically naturalized (so far as the U.S. Government was concerned) when my grandfather naturalized. If anyone has any thoughts on whether I might be able to gain citizenship through my grandmother, I'd be greatly appreciative.

[mler]

I believe cases such as yours have be successfully litigated in Italian courts. Check out the 1948 threads.

[mscale]

Thanks for the reply. I've read through some of the 1948 threads and seen suggestions that there might be a way forward, so I emailed Luigi Paiano to get his take before I start assembling records. He said if I can get USCIS to send a certificate of non-existence of record, I'd have a good shot, but if they send a certificate of naturalization as the spouse of my grandfather, then I'm out of luck. So I have a records request in to USCIS and will see what they come back with.

[mler]

You should be ok. Wives who were naturalized with their husbands did not receive a Certificate of Naturalization.

Like minors who obtained citizenship when their parent(s) naturalized, their only proof of citizenship was a Certificate of Citizenship, something quite different. Sometimes they requested this paperwork, and sometimes they didn’t, but a Certificate of Citizenship is NOT evidence of naturalization.

[mscale]

Ah - thanks. As a side note, I've been through a lot of your posts in the other 1948 threads, and they're extraordinarily informative. Thanks for that as well!

[arrigo]

Hi, I won a 1948 case this year. My GGF naturalized pre-Cable Act, though after my GM was born. GGM automatically (in the eyes of the US) became a citizen when her husband did, and by no act of her own. The USCIS Index Search returned a letter saying as much, going on to explain that she never requested her own certificate. The separate USCIS Records Services office had no problem issuing a non-existence letter. Sent both letters (apostilled) for inclusion in my case. The ruling said I inherited citizenship equally from both GGM & GGF, but the judge wrote more favorably about GGM because she never herself naturalized.

[slor35]

Interesting to read, arrigo.

I'm getting advice from lawyers on a similar situation (GGF naturalized in 1915 before my GF was born). Paiano has looked at the letter from USCIS that says the same thing, and he won't take the case because he says no way it will work. I am asking for a non-existence letter from USCIS now, and I'm getting evaluations from other lawyers.

Which lawyer and judge were involved with this? Do feel free to send me a PM.