I am seeking clarification on the eligibility of my Jure Sanguinis application because I have been getting conflicting information on whether or not I actually qualify...
Let me start by saying, I have already submitted my application on Dec. 11, 2018 at the Boston Consulate. I know I have a long wait ahead of me but I was hoping to get some feedback on eligibility.
The appointment went very well I would say. I had everything they needed and more, the potential roadblock is the naturalization of my mother. Here's my background:
- My grandfather (deceased 2006) came to the United States in 1955. He never naturalized and I proved this in several ways (US Immigration no record found, Boston National Archives no record found, Permanent resident card, Italian passport etc.) The consulate agreed that he never naturalized and was still an Italian citizen.
- My grandmother (deceased 2017) came to the U.S. 3 years later after my grandfather established himself. During this time, they remained married. My mother, who was born in 1955 in Italy also came with my grandmother.
- My grandmother naturalized as a U.S. citizen in 1968.
- My mother naturalized as a U.S. citizen in 1972 (she was 16 years old when she naturalized)
Law no. 555 of 1912 seems to say that her citizenship should be retain but I wanted to know if I am understanding it correctly or if there is more to it than this. My comments in red.
Loss of Italian citizenship under law no. 555 of 1912
Italian citizenship could be lost:
By a man or woman, being of competent legal age (21 years if before 10 March 1975 or 18 years if after 9 March 1975), who of his or her own volition naturalised in another country and resided outside of Italy. (article
Italian citizen women married to Italian citizen husbands could not lose their citizenship if the husband's Italian citizenship was retained. (article 10)My Mother naturalized in 1972 at age 16 years 6 months. Moreover, my grandfather's Italian citizenship was retained since he never naturalized, so this seems to state my grandmother and mother are still citizens despite naturalizing?
By the minor and unemancipated child - without the immunities from loss to be found in articles 7 and 12 (child with jus soli citizenship or child of remarried widow with consequent new citizenship) - who, residing outside of Italy, held a non-Italian citizenship and lived with a father (or mother if the father was dead) whose Italian citizenship was also lost. (article 12)
This would be applicable to my Mother. She was a minor in the eyes of Italy according to bullet 1 AND again, my grandfather was alive, still married to my grandmother and retained his citizenship?
Additional feedback I have gotten is this:
1. In 1976 your mother would've been 21, so it would no longer matter whether her parents were still Italian citizens on or after that. Moreover, the age of majority was lowered to 18 in Italy around then, probably in 1975, so the actual date where it no longer mattered about her parents' citizenship was sometime in 1975 probably, but certainly no later than 1976.
2. Since your mother was a minor (according to Italy) until 1975 or 1976, even if she naturalized in a foreign country (which she did), she would not have lost citizenship unless her father also did, or if he was no longer alive or if her parents were divorced, then perhaps her mother instead of her father. But your GF was still alive and a citizen in 1976, and married to your GM, so your mother did not lose her citizenship as a minor. (Moreover, your mother's mother also did not lose her citizenship when she naturalized because her husband was still an Italian citizen, too. Your GM was an Italian citizen at least until 1992 and probably thereafter as well.)
Naturalizing is not the same as renouncing. Renouncing citizenship must be done before an Italian authority, not a foreign one, in order for Italy to consider it to be valid. But your mother could not have renounced her citizenship either as a minor because she lacked the authority. However, naturalization while residing in a foreign country was sufficient to cause a loss of citizenship for an adult man or an unmarried adult woman (or a woman married to a foreign man).
