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.
I'm trying to determine if I'm eligible for jus sanguinis citizenship through my grandfather (GF). I searched the archives and couldn't find my situation and wondering if I still qualify.
Great-grand father (GGF) and great-grand mother (GGM) both born in Italy. Grand father (GF) born in Italy, 1898.
GF (age 4) immigrated with GGM in 1902 to USA. GGF immigrated earlier to USA, not sure date but prior to 1902.
GGF dies in 1906 (GF-age 8), having never naturalized
Step great-grand father (S-GGF), also born in Italy and immigrated to USA in 1902
GGM marries S-GGF in 1910 (GF-age 12)
S-GGF naturalizes to USA in 1917. GF listed on document as step-child (GF-age 19)
My father (F) and I were both born in USA with no renunciation of Italian citizenship by either.
No records of GF ever renounced citizenship
So my question is, did my GF lose his citizenship when my S-GGF naturalized after marrying my widowed GGM? I'm trying to determine if my GF was immune from losing JS citizenship because of Article 12 of the Law 555 of 1812:
Non si applicano invece al caso in cui la madre esercente la patria potestà muti cittadinanza in conseguenza del passaggio a nuove nozze, rimanendo allora inalterata la cittadinanza di tutti i figli di primo letto.
Was your gf adopted by his step father? It seems, based on the information you posted, that the child would have been considered Italian if his mom remained Italian. An adoption may have made a difference.
You may want to check with a 1948 attorney since yours would be a 1948 case, and the mother would have received automatic US citizenship based on her husband’s naturalization.
Thanks for your reply. I don't know if my GF was adopted but I suspect not. My thought was that his citizenship status would remain with my GGF because of the widow remarrying clause but maybe not because the naturalization of my S-GGF occurred after the marriage?
