Unique question regarding qualification

Are you eligible for Italian Citizenship jure sanguinis?

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Unique question regarding qualification

Postby bondo » Mon Oct 15, 2007 4:05 pm

Long story short..my wife is trying to obtain dual citizenship through her paternal grandfather who was born in Italy and we have all the necessary documents that state no record found regarding him ever becoming a US citizen. All other family documents are in line as well.

However after finally meeting with the Italian consulate in San Francisco. We were told we need her Great Grandfathers timeline on if and when he became a US Citizen. Her Great Grandfather had traveled back and forth from Italy to US several times in the early 1900's which in those days was extremely rare.

Here is a brief time line

5/1903 - Grandfather born Italy
10/1903 - Great Grandfather goes to US for 1st time. leaves family in Italy
12/1910 - Great Grandfather goes to US for 2nd time. leaves family in Italy
12/1916- Grandfather and Great Grandfather (entire family) goto US for good.

We are still waiting to see if her Great Grandfather became an US Citizen, which we believe he must have on one of these trips.

However keep in mind her grandfather was born in Italy, before Great Grandfather ever went to US and there are no records found of her grandfather ever becoming a US Citizen. We do know he moved to the US based on records in 1916, which would make him 13 Years old at the time.

Can anyone shed some light on what potentially looks like a gray area. Since there are no records of her grandfather ever becoming a us citizen and her great grandfather mostly likely became a US citizen after he was born. All of these things would lead me to believe she would qualify.

Thoughts? Advise?

Thanks,
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Postby Em » Mon Oct 15, 2007 5:22 pm

Italy does not acknowledge citizenship by place of birth as does the U.S. (jus soli). It defines citizenship as being a child of an Italian citizen (jus sanguinis).

Thus, the fact that her grandfather was born in Italy means little. It is important to determine whether his father (her greatgrandfather) was Italian at the time of her grandfather's birth. It seems from your timeline that he was Italian at that time.

However, it is also possible that the greatgrandfather naturalized when his son was still a minor (in effect naturalizing his son as well). From your timeline, that seems a distinct possibility. It would also explain why her grandfather never naturalized on his own behalf (he naturalized with his dad). That, however, would mean that the Italian line ended with the greatgrandfather, and it is also why the consulate is insisting on records for him.
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Postby bondo » Thu Oct 18, 2007 1:08 pm

thank you...fingers crossed on the returned documents
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Postby Em » Thu Oct 18, 2007 4:32 pm

I hope things work out. Best of luck.
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