Born before 1948

Are you eligible for Italian Citizenship jure sanguinis?

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Born before 1948

Postby AdrianBattaglia » Mon Apr 04, 2011 12:22 pm

My father's sister obtained Italian citizenship through her mother's father who was born in Italy. My aunt was born in November 1948 but my father (her brother) was born January 1946. I have received conflicting information as to whether my father (and myself) can qualify based on my aunt's successful application. Any help would be greatly appreciated! :D
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Re: Born before 1948

Postby Em » Mon Apr 04, 2011 1:02 pm

You will be tracing citizenship through ggf, gm, father, you, and it's at your father's birth certificate that you run into trouble. Even though your aunt qualified, your father does not--at least not through this line. Your grandmother was able to pass on her citizenship only after 1948; your father's birth in 1946 ended that line for him and for his descendents.

This is a not uncommon situation. Both my sisters qualify through my mother's line, but I do not because of the same 1948 limitation. I was able to find another line to use, and perhaps your father can too. Have your explored the possibility of applying through your father's father?
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Re: Born before 1948

Postby AdrianBattaglia » Mon Apr 04, 2011 1:21 pm

Dear "Em" thank you for replying to my posts. Unfortunately my father's father was an American of Irish descent (his ggf came over from Ireland in the 1840s) and only my father's mother was born to Italian immigrants. I was told by my genealogist specialist who has traced my Italian ancestry back 300 years that since my father's grandfather was Italian he could still apply despite his birth in 1946. On the NY Consulate FAQs page qualifier # 4 states: "I was born in the US but I have an Italian direct ascendant. Am I entitled to dual citizenship? Answer: Yes, if yoru ancestor never acquired another citizenship. I fhe acquired American citizenship, please contact the Citizenship Office. Those who were born before 1948 may obtain Italian citizenship only through paternal direct ascendants." So this is rather ambiguous, my father was born in 1946, but it's his mother not father with the Italian line, if my dad's father has been born to Italian immigrants then he would qualify. This is very dissapointing, and a bit strange - you would think that eldest born son would be able to qualify!! So basically then there is no other way for my dad and I given the facts of our family? Well thank you for answering my questions. :(
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Re: Born before 1948

Postby Em » Mon Apr 04, 2011 3:40 pm

Hi Adrian. Please read my more extensive explanation in the PM I sent you. I did want to clarify this statement: "Those who were born before 1948 may obtain Italian citizenship only through paternal direct ascendants." So this is rather ambiguous, my father was born in 1946, but it's his mother not father with the Italian line, if my dad's father has been born to Italian immigrants then he would qualify."

This is exactly the problem. Your grandmother was born before 1948. Because of this, she could only obtain Italian citizenship through her father, which she did. As a woman, however, she was not able to pass on this acquired citizenship until 1948. Your aunt was born after 1948, so she obtained that citizenship. Since, according to Italian law, citizenship is acquired at birth, your father, who was born in 1946, could not obtain this citizenship through his mother; he could only obtain it through his father. If your grandfather had also been Italian and did not naturalized before 1946, your father would then qualify. Since his father was Irish, that line is also closed.

Any possibility through your mom, or have you looked into Irish citizenship?
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