Am I eligible for dual citizenship?

[CalebWake]

Hi everyone!

Okay so I’m pretty lost with figuring out if I am eligible for duel citizenship because I am reading conflicting things about it.

Background:
My grandmother was born in Italy March 1922 and then was moved to the states in (I believe) January 1930 with her mother and sister. Her (my grandmother) father was here already working (he was born in Italy), but wasn’t a US citizen at the time.
Now, my great grandmother born in February 1891, was naturalized in August 1943 and her husband we don’t know. He was born in September 1884 and died either in 1935 or 1945 (was told he died at age of 49).
Going back to my grandmother, supposedly she became a citizen in 1931, but she applied in 1942 and was issued a certificate of citizenship in the year of 1971. She (my grandmother) was 21 when her mother received her naturalization so she wouldn’t be a minor and her father I don’t think every naturalized.

So my question, is there any chance of me (or my father) obtaining a duel citizenship through either my grandmother (who I’m not sure had duel citizenship or not) or could I go back to my great grandfather or great grandmother and use them?

I do have my great grandmothers birth certificate and my their family passport when they came over. Plus other documents like marriage cert. and naturalization/citizenship cert.. Also have my grandmothers adult passports

Thanks in advance!

[mler]

The first thing you need to understand is that a Certificate of Citizenship is not the same as a Certificate of Naturalization. The Certificate of Citizenship is merely proof that the holder is a US citizen. If someone naturalized as a minor with his parents, he would not have had his own naturalization papers. Thus the Certificate of Citizenship is requested.

You definitely need some more information on naturalization dates or proof of no naturalization.

I tend to think your gm naturalized with her father in 1931. You will really need to check naturalization records on both sides to determine if there is any possibility that you qualify.

[CalebWake]

You definitely need some more information on naturalization dates or proof of no naturalization.

I tend to think your gm naturalized with her father in 1931. You will really need to check naturalization records on both sides to determine if there is any possibility that you qualify.

Okay, I was able to find a Petition for Citizenship for my Great Grandfather and nothing else. He came to the USA Sept. 1st, 1922, declared intention to become a US Citizen on Oct. 13th, 1927, then petitioned Sept. 11th, 1929.

Now, does this petition mean that he lost his citizenship? I know that within the document it says that by doing this you'll "...renounce absolutely and forever all allegiance and fidelity, to any foreign prince... etc."

[jennabet]

Did your great-grandfather complete the process? If you found his Declaration of Intention and his Petition for Citizenship but the Oath of Allegiance was not attached to those documents, it most likely means that he never took the oath and did not naturalize. If he did not naturalize, he never lost his Italian citizenship. You would have a good case to prove NO naturalization because you can show the documents you do have but you would also have to show "no record" information from the local courts.

[mler]

Have you obtained the actual documents or do you have only online records? If online information only, you may want to contact your local NARA office to obtain the actual records. With those in hand, you can more accurately determine his citizenship status.

Generally, the actual naturalization and oath taking followed the petition by only a few months, but it is also possible he never took that final step. However, your family recalls that your gm obtained citizenship in 1931 and although she never naturalized, she obtained a Certificate of Citizenship. That would fit the timeframe for a possible naturalization through her father.

Since NARA documents can be obtained rather quickly, that seems a logical place to start. If your ggf’s documents do not include the oath, then you have a strong possibility and you should contact USCIS.

[CalebWake]

Have you obtained the actual documents or do you have only online records? If online information only, you may want to contact your local NARA office to obtain the actual records. With those in hand, you can more accurately determine his citizenship status.

Currently I have the online scans of the documents - manifest of the ship he was on, Declaration of Intention, Petition of Citizenship - these are only actual files I have that are solely around his name. I do have other documents that has his name on them, but they're family baptisms and what not.

Generally, the actual naturalization and oath taking followed the petition by only a few months, but it is also possible he never took that final step. However, your family recalls that your gm obtained citizenship in 1931 and although she never naturalized, she obtained a Certificate of Citizenship. That would fit the timeframe for a possible naturalization through her father.

Yes, that makes sense, but wouldn't that also affect my ggm because she was married to him before 1922 when the laws about married couples changed?

Since NARA documents can be obtained rather quickly, that seems a logical place to start. If your ggf’s documents do not include the oath, then you have a strong possibility and you should contact USCIS.

I'll go to the local offices here in my state and see if I can find the actual records there. If the oath is not with these documents, then what would be the next step? I see that you said contact the USCIS and what am I supposed to do there?

Did your great-grandfather complete the process? If you found his Declaration of Intention and his Petition for Citizenship but the Oath of Allegiance was not attached to those documents, it most likely means that he never took the oath and did not naturalize. If he did not naturalize, he never lost his Italian citizenship. You would have a good case to prove NO naturalization because you can show the documents you do have but you would also have to show "no record" information from the local courts.

Nice to hear that he wouldn't lose his Italian Citizenship. I'm guessing to prove "no record" information I would have to go to a lawyer, correct?

[jennabet]

No, you wouldn't need a lawyer for "no record" info. You would have to contact the regional archives that would house the documents for naturalizations that took place in your local courts. For example, my grand-father was naturalized in the state of Delaware and I found all of his papers at the Mid-Atlantic Regional Archives in Philadelphia. Your regional archives, depending on where your ancestor lived, would also be able to tell you that your ancestor was or was not naturalized in a local court. So you would present the Declaration of Intention, the Petition for Citizenship and any information you receive from the regional archives.

[mler]

Often the Oath is on the back of the Declaration if I recall correctly. That’s why having the actual documents is important.

It’s not the date of marriage; it’s the date of naturalization. Your gm would have been naturalized with him only if he naturalized before 1922. Pre-1922, when he was still an Italian citizen, she was too. If he naturalized in 1931, however, your gm would have had to naturalize independently. The NARA documents will point you in the right direction.

Not finding an oath on NARA documents is a strong indication he never naturalized. You then go to the USCIS web site and ask them to do a records search. If there is no record of naturalization for him, they will issue an official statement to that effect. You will also have incomplete NARA records to help substantiate your claim. You will then also need to search county records, and if there is still no record, you will search for your grandmother’s records if any.

[mler]

Sorry, I meant your great grandmother. Before 1922, she could have been automatically naturalized if her husband naturalized. After the Cable Act was enacted, any change in a man’s citizenship status did not affect his wife.

[falconijo]

As I understand it,the National Archives holds a copy of all citizenship/naturalization records. To be precise, they have an index that holds everything, so they can tell you how to request the documents. But first they have to do an index search, which costs $65.

more info here: https://www.uscis.gov/history-and-genea ... hing-index

and here https://www.uscis.gov/history-and-genea ... hing-index

I have searched for grandpa Nick in every database I could think of, and I'm a librarian so that's a pretty long list I paid the USCIS $65 for the index search, which seemed a reasonable fee compared to my frustration and the amount of spare time I have to drive around the county/state (California is a big state) and look at microfilm.