Naturalization Status

[darkerhorse]

If an Italian immigrant became a naturalized U.S. citizen in the early 20th century, would naturalization automatically be extended to his foreign-born wife and minor children, or would they have to apply on their own?

[mler]

Before the 1922 Cable Act, the wife would have obtained citizenship through her husband’s naturalization. Minor children were naturalized with their father.

[darkerhorse]

Sounds right. What about after 1922?

[mler]

After the Cable Act women needed to naturalize on their own behalf to obtain US citizenship.

Essentially, before the Cable Act was passed, a woman’s citizenship was totally tied to that of her husband. Thus, a woman not only was naturalized with her husband but also lost citizenship if she married a non-US citizen.

This actually happened to my US-born gm, who lost her US citizenship when she married my Italian gf. She had to naturalize in the 1920’s to regain the US citizenship with which she was born.

[MarcuccioV]

In my grandparent's case, they were married in Italy in Jan 1922 (my GF was already a US citizen, although it is not mentioned in the marriage act) & immediately returned to the US so my GM did not have to naturalize separately...

[erudita74]

The Cable Act went into effect Sept 22, 1922.

[afecad]

To add, this is quoted from ICA:

"Before 1922, women in the US could not acquire (nor lose) citizenship other than through their husband. In fact, prior to that date women followed the status civitatis of the man they married and automatically acquired US citizenship via marriage.

Based on the Italian Constitutional Court judgment n. 87 of 1975 and of the Italian Supreme Court judgment n. 4466 of 2009, women who acquired a foreign nationality “involuntarily and automatically” because of marriage retain their Italian citizenship, and they are therefore able to transmit it to their children.

Therefore, an Italian woman who automatically acquired citizenship through her husband, according to the aforementioned decision, would not have lost her original Italian citizenship (as she did not willingly renounce it) and could validly transfer it to subsequent generations."

[MarcuccioV]

To add, this is quoted from ICA:

"Before 1922, women in the US could not acquire (nor lose) citizenship other than through their husband. In fact, prior to that date women followed the status civitatis of the man they married and automatically acquired US citizenship via marriage.

Based on the Italian Constitutional Court judgment n. 87 of 1975 and of the Italian Supreme Court judgment n. 4466 of 2009, women who acquired a foreign nationality “involuntarily and automatically” because of marriage retain their Italian citizenship, and they are therefore able to transmit it to their children.

Therefore, an Italian woman who automatically acquired citizenship through her husband, according to the aforementioned decision, would not have lost her original Italian citizenship (as she did not willingly renounce it) and could validly transfer it to subsequent generations."

So out of curiosity, based on the above, how would it affect a grandchild in that scenario if the parent (child of the emigrant who was born a US citizen) & the emigrant are deceased..?

[mler]

If a woman became a US citizenship through derivative naturalization prior to the Cable Act, she remained an Italian citizen. Her children born after 1948 can apply for citizenship recognition through the consulate. Children born before 1948 would have a “1948 case” through the courts.

Obviously, the grandchildren are also eligible for recognition—even if parent and grandparent are deceased.

[afecad]

ICA noted this to me, which was of no concern but might be for others:

The only few cases that were rejected concerned the Italian-born ancestor naturalizing before the child born in the US turned 21.

[MarcuccioV]

If a woman became a US citizenship through derivative naturalization prior to the Cable Act, she remained an Italian citizen. Her children born after 1948 can apply for citizenship recognition through the consulate. Children born before 1948 would have a “1948 case” through the courts.

Obviously, the grandchildren are also eligible for recognition—even if parent and grandparent are deceased.

So, in my theoretical case, my grandmother was pre-Cable act, so retained Italian citizenship (if I am understanding correctly). She died in 1997.

Her daughter (my mother) was born in the US (Michigan) in 1923. She died in 1992 (never having desired to acquire/claim Italian citizenry). I was born in the US (California) in 1962.

How would I (as grandson of the Italian citizen -- my grandmother) proceed with dual citizenship IF I were to desire to do so..?

I'm utterly confused by the entire process...

[mler]

Your gm retained her Italian citizenship, which would allow her to pass her citizenship to her children born after the 1948 citizenship law was enacted. Since her child (your mother) was born before that law, yours would be a 1948 case.

In other words, you would be claiming citizenship through your mother who obtained Italian citizenship through her mother, who was an Italian citizen at the time of her birth. However, because your mother was born before women could legally pass citizenship to their children, you would apply through the courts using one of the many “1948” attorneys specializing in such cases. The courts have uniformly been ruling in favor of such applications, because of the inherent sexism in pre-1948 law.

Generally, you would be providing the appropriate documents from your ancestors through you (and your minor children—your adult children can apply with you if they wish). You likely will need birth, marriage and death records as well as the pre-1922 naturalization record of your gf, but your lawyer will tell you exactly what you will need and the costs involved.

If you have children or grandchildren who may benefit from this, it may be worth pursuing.

[MarcuccioV]

Your gm retained her Italian citizenship, which would allow her to pass her citizenship to her children born after the 1948 citizenship law was enacted. Since her child (your mother) was born before that law, yours would be a 1948 case.

In other words, you would be claiming citizenship through your mother who obtained Italian citizenship through her mother, who was an Italian citizen at the time of her birth. However, because your mother was born before women could legally pass citizenship to their children, you would apply through the courts using one of the many “1948” attorneys specializing in such cases. The courts have uniformly been ruling in favor of such applications, because of the inherent sexism in pre-1948 law.

Generally, you would be providing the appropriate documents from your ancestors through you (and your minor children—your adult children can apply with you if they wish). You likely will need birth, marriage and death records as well as the pre-1922 naturalization record of your gf, but your lawyer will tell you exactly what you will need and the costs involved.

If you have children or grandchildren who may benefit from this, it may be worth pursuing.

I don't have any children. Just thinking about ease of travel between the US & Italy if I were ever to do so...

[mler]

May not be worth it then unless you plan to live in Italy for more than three months. The application process through the courts is fairly costly and gathering the documents, a big hassle.

[afecad]

I'm utterly confused by the entire process...

I had two options via my grandfather, via his father or mother, both were born in Italy. My great-grandfather supposedly naturalized prior to 1912, though no documentation has been found to prove this either via USCIS or NARA, the last straw is the local County Courthouse which has still not turned up any documents to prove he did. Due to the fact he noted on several census records that he was naturalized, ICA shifted to his wife (my great-grandmother) due to this. My grandfather was born in 1915. 1948 cases, by nature, are more involved and complicated but based on what has been stated a 1948 case is the direction you would go, IF you have ruled out other avenues via the ancestor line (Mother>Father>Grandfather>GreatGrandfather and or etc..

Due to the complex nature, I decided to go with Italian Citizenship Assistance (ICA) https://italiancitizenshipassistance.com/ to handle my case and would high recommend them if your budget allows, it's not cheap at all but have a great success rate for 1948 cases.

I have a friend who went through his father>grandfather (who never naturalized) and did it himself via the SF consulate, but those cases tend to be easier to do, no lawsuit to file which is what the 1948 case comes to at some point. ICA does all of that in Rome as part of the package among other things and they know what works and what doesn't, which was also value added in my opinion.

You can first start to collect documentation, certified birth, marriage and death records for all people including yourself in the line. Also will need the Italian birth certificate, I found both my great-grandparents online at familysearch.org for free, sent the scans to ICA who retrieved the official from the commune. That alone took 6 months to retrieve.

Biggest delays have been name changes on US birth certificates, this complicates things and per ICA to not cause any delays or issues all names should match on all documentation, so anglicized first names for your Italian relatives is not recommended. It took me 1 year to have my Grandfather's first name corrected on his PA Birth Certificate, this was after getting a Court Order to do so (he is deceased), documentation and his mother's birth certificate translated and apostilled from Italy, all of which ICA handled but also involved steps for me to finish.

So I suggest if you either decide to do it yourself or use ICA or another firm, to have as much of the facts to present to to them to save time and for them to figure out the best approach.