Is this a possibility for a 1948 JS case?

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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lal78148
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Is this a possibility for a 1948 JS case?

Post by lal78148 »

Hi there,

So here is a question: my Italian-born Great-Grandfather immigrated to America and joined the US Army to fight in WWI. When he was discharged at the end of the war he was served his citizenship papers/got his American citizenship, then married my Great-Grandmother, (who was also the first generation American-born descendant of Italian-born immigrants), and had my Grandmother a few years later in the early 30's.

My question is: did my G-Grandfather automatically lose his Italian citizenship when the army granted him American citizenship? I've heard from most people that he would have lost it, and the ability to pass his Italian citizenship to his children at that point in time, but I've heard from some people that its not necessarily the case. I'll need to use a 1948 lawyer as his child was a woman born before 1948, but can I use my G-Grandfather as my basis for Jure Sanguinis instead of my G-Grandmother's Italian-born parents? Is there someone you would recommend me bringing this case to?

Thank you!
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mler
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Re: Is this a possibility for a 1948 JS case?

Post by mler »

Not all soldiers who served in the American military became US citizens, but most did. It seems your ggf was among them, causing the loss of his Italian citizenship.

You will definitely need to use your ggm’s line.

BTW, had your ggf not received citizenship, it would not have necessarily been a 1948 case. As a man, he would have been able to pass citizenship to his daughter no matter when she was born. Going through your ggm would definitely require a lawsuit.
lal78148
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Re: Is this a possibility for a 1948 JS case?

Post by lal78148 »

Thank you for the clarification on my case again. I had a sinking feeling that this was the case, but I was hoping to go through the easier route as my ggm's Italian-born parents have multiple complications: multiple name changes, one disappeared with no death certificate, and so on. I wonder if a 1948 lawyer would be able to professionally research and then explain those inconsistencies in court to the Italian government's satisfaction, or even if one would want to take on a case like mine.
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mler
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Re: Is this a possibility for a 1948 JS case?

Post by mler »

Discrepancies are common and can be overcome. Do as much background work as you can, and then contact several attorneys for input.
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