Italian War Bride 1945

Are you eligible for Italian Citizenship jure sanguinis?

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Italian War Bride 1945

Postby joanj » Sun Jun 10, 2012 11:06 am

Hello, does anyone know:
1. was my mother automatically an american citizen by marrying my father an american citizen in 1945?
2. during the 3 years period of residence in the U.S. and the preparation of her documents for request
of naturalization during that time did she remain an italian citizen right to the moment of her oath of american citizenship?
I'm preparing docs for the courts here in Rome, Italy - asking for Italian citizenship thru mother since she
was an italian citizen at the time of my birth therefore so was I. Seems that the courts are having a problem with her naturalization three years after my birth whereby taking the oath she renounced her Italian citizenship.
But that was 3 years after my birth! Help!
p.s. I am an american citizen by birth and would like to also acquire Italian citizenship. Joan
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Re: Italian War Bride 1945

Postby LookingEast » Wed Jun 27, 2012 12:56 am

Your mother was not automatically an American citizen by marrying in 1945.

Your mother could not lose Italian citizenship by any of her preparations to naturalize. Only the oath could alter her Italian citizenship status.

Here is where you might be better off with the expertise of an Italian lawyer:

There is a general rule by which you could have lost Italian citizenship through your mother's naturalization if the rule did not have an exception. Then, there is an exception to the general rule on which you have to rely to assert a claim of Italian citizenship in the courts. To affirm your claim, the court needs information about US citizenship laws.

The general rule and its exception are to be found in articles 12 and 7 respectively, within law 555 of 1912.

The general rule (article 12) is that the loss of Italian citizenship by the mother carried a loss of Italian citizenship to the minor child if the child did not have an Italian father, and since the naturalization, lived with the mother outside of Italy while holding another citizenship.

The exception (article 7) is that an Italian child born outside Italy with an additional citizenship since birth owing to a country's "jus soli" laws, and who continues to reside in that country, remains Italian unless he or she reaches adult age and renounces the Italian citizenship. A "jus soli" law is a kind of law giving citizenship automatically to people because they were born in a particular place.

Some countries don't have jus soli, or they make very little use of such a concept. Since the United States of America has long been a country with jus soli, the Italian consulates there are especially familiar with claims depending on article 7. Your case might be before judges who do not deal with article 7 nearly as often as the Italian citizenship officers operating in the United States.

To use article 7, you must certainly have been born in a country with jus soli laws in the first place. If you were born in Russia with Russian citizenship from your father and Italian citizenship from your mother, and then your mother became Russian by naturalization while you were living with her as a child in that country, your Italian citizenship would have ended at that time because your reason for holding Russian citizenship would not have been any type of a law making you a citizen strictly for being born there. Russia is not a jus soli country.

Among Americans who discuss this dual citizenship topic, it is very well known that children may remain citizens after the parent's naturalization. To citizenship authorities working in Italy, your case is more likely to look questionable until they examine how laws in the United States have affected the situation. They are experts in their own laws, and not the laws of the US or France or Greece or Egypt or China or the many other countries where their petitioners have been born.

You should get yourself a copy of circular 9 of 4 July 2001 on Italian citizenship, and a copy of law 555 of 1912, and some evidence written in Italian asserting that people born in the US are automatically citizens.
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Re: Italian War Bride 1945

Postby LookingEast » Wed Jun 27, 2012 3:33 am

My observation is that your case is most probable of success if your birth (and thus your mother's naturalization too) came on or after 1 January 1948.

For situations where the petitioner's birth to an Italian mother was before this date, outcomes in court have varied.
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