Path to citizenship w/ female ancestor? (1948 rule)

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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Sigma
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Joined: 09 Apr 2019, 14:17

Path to citizenship w/ female ancestor? (1948 rule)

Post by Sigma »

Hello,

I recently utilized ancestry tools to research my eligibility for Italian citizenship. However, the rules are very confusing to me and so I wanted to get some thoughts from others to help clarify things.

Timeline and relations...

1. Great-great grandfather and grandmother both born in Italy in 1880's.
2. Both move to the United States somewhere around 1903.
3. Great-great grandfather naturalizes in 1904. Great-great grandmother marries him in United States around the same time in 1904 (I don't know if this was before or after great-great grandfather naturalizing). I am assuming that my great-great grandmother got citizenship through her husband since I cannot find her naturalization paperwork.
4. Great-grandfather born in the United States in 1908.
5. Grandfather born in 1930's (in US).
6. Mother born in 1950's (in US).

Do I have any chance of obtaining citizenship through my great-great grandmother?
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mler
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Re: Path to citizenship w/ female ancestor? (1948 rule)

Post by mler »

Yes, you do with a 1948 case. Your gggm never naturalized (although she received US citizenship when her husband did). Before the 1922 Cable Act, women automatically obtained the citizenship of their husbands.

The fact that she never naturalized on her own behalf, means she retained her Italian citizenship.

I’m not sure of this, but I believe Luigi Paiano is reluctant to take pre-Cable Act cases especially if the male
naturalized before 1912, but several other 1948 attorneys have successfully argued such cases.
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