1948 case, confusion around 1922 laws

Over 25 million Italians have emigrated between 1861 and 1960 with a migration boom between 1871 and 1915 when over 13,5 million emigrants left the country for European and overseas destinations.
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Generako
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1948 case, confusion around 1922 laws

Post by Generako »

Hello and thanks in advance for any assistance. I've managed to confuse myself on the 1922 laws in the US and Italy regarding if my mother or I would have a 1948 case.

G-grandfather born in 1888 in Italy.
G-grandmother born in 1900 in Italy.
G-grandfather move to US in 1913, gains US naturalization when drafted into WWI at the very end in 1919.
Calls for a wife in 1920, and they marry the day after she arrives in the US.
First child born in 1922 and my grandmother born in 1927.

I'm so confused between the Cable Act and the 1922 Italian law (Royal Decree No. 905/1922) if this could be a 1948 case, or if my g-grandmother would just be considered as US naturalized?
Would it depend on USCIS "no record found" or census records for my GGM?

Thank you again!
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mler
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Re: 1948 case, confusion around 1922 laws

Post by mler »

Your ggm became a US citizen because she married a US citizen before the Cable Act. She never naturalized so a 1948 court case is possible.
cedrone
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Re: 1948 case, confusion around 1922 laws

Post by cedrone »

What happened in 1922? The law you cited doesn't refer to citizenship.
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mler
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Re: 1948 case, confusion around 1922 laws

Post by mler »

Before the 1922 Cable Act, women automatically received the citizenship of their husbands without themselves naturalizing. Italy does not count this as naturalization, so for the purposes of a 1948 case, she would be considered “not naturalized” and still in possession of her Italian citizenship.
afecad
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Re: 1948 case, confusion around 1922 laws

Post by afecad »

Based on your info, I'd say all naturalization records are in USCIS or NARA hands, but I'd also do a county courthouse search where your ancestors lived/married. I initially thought my GGF did not naturalize, but the record was found that he did. My GGM never did other than marriage (prior to 1922), and thus, I had a 1948 case. I'm using ICA, but I still had to request USCIS and NARA in addition to the county courthouse in Pennsylvania.
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