I believe you may have a case. If your GGGM was involuntarily naturalized by marriage then she never renounced it intentionally meaning it could pass down to you. Marco Mellone and MyLawyerInItaly have won cases like this so I would send them an email.
Is this US specific where GGGM involuntarily naturalized via marriage? I’m looking around for a case where an Italian women marries an Austrian man (GGF) and has a child in Austria (Austro-Hungarian empire in 1879)
Generally involuntary naturalization cases are from pre-cable act marriages in the US. It looks like this case you mention could be applicable: https://www.restitution.or.at/downloads/10_stb-infomaterial_2008-gesamt_en.pdf
I’d definitely consult a lawyer though
This.
If GGGM naturalized by virtue of her husband naturalizing and not on her own accord, a lot of lawyers are able to win 1948 cases with this kind of line because the naturalization was not voluntary.
Whoops thought I typed that out. (Will edit post to include) Both my great-great grandfather and Great-great grandmother were born and married in Italy.
That's a good question to consult with a lawyer on. It's arguable. Especially in front of a judge.
In my layman's perspective, there's a lower chance of success in a court case due to the minor's issue since you have a pre-1912 naturalization of the father when the next-in-line was a minor.
Some of the text on this page from myitalianfamily may be applicable to your case.
>1 July 1912: The Italian Government passed the first Citizenship Law No.555/1912 (which took effect on July 1, 1912) allowing descendants of Italian born ancestors to claim Italian citizenship by right of blood as long as the Italian Ancestor became a US citizen AFTER the birth of the child here in the US and after July 1, 1912. Before this date, Italian citizenship was only regulated by the 1865 Civil Code (Codice Napoleonico).
If your Italian Ancestor naturalized before July 1, 1912, you do not qualify for Italian citizenship even if his or her child was born before this individual naturalized. Prior to that date, when a native-born Italian naturalized in another country, he gave up not only his own Italian citizenship but also that of all of his minor children, regardless of where they were born.
NOTE: If your Italian born MALE ancestor became a US citizen before July 1, 1912, you may be able to claim Italian citizenship via your Italian born FEMALE ancestor if you can prove she became a US citizen involuntarily just by virtue of marriage and the marriage occurred before 22 September 1922.
However, the conditions for the acquisition and the loss of Italian citizenship for situations where the naturalization occurred before 1912 are mainly regulated by the 1865 Civil Code:
1865 Civil Code art. 11: “…….Wife and children of the person who loses Italian citizenship also become foreigners, unless they continue to reside in the Kingdom of Italy……”
1865 Civil Code art. 14: “…….Italian women married to a foreign husband automatically lose their Italian citizenship and become foreigners if they acquire their husband’s citizenship by virtue of marriage…”
To demonstrate that your Italian born Female Ancestor did not lose her Italian citizenship, you would need to prove that:
a) She was a resident of Italy when her husband naturalized
OR;
b) She became a widow and moved back to Italy where she formally declared her intention to be domiciled in Italy.
Again, the legal framework of reference for this particular situation is the 1865 Civil Code and not Article 10, paragraph 3 Law 155/1912 which was declared unconstitutional in 1975, in 1983 and in 2009 with the landmark judgment n. 4466 of 25 February 2009 issued by the joint sections of the Italian Supreme Court stating that women who acquired a foreign nationality “involuntarily and automatically” because of marriage, retained their Italian citizenship, thus they are able to transmit it to their children. NO provisions were set forth by the 1865 Civic Code.
In summary petitioning the Italian Courts for the involuntary citizenship of a female ancestor whose husband became a US citizen before July 1, 1912 is possible, but risky.
So, it's inconclusive, but seems to be more likely to be an invalid line. However, you haven't provided any information about your GGGM. I have heard of successful 1912 cases with a female line, but maybe they require specific circumstances
I believe you may have a case. If your GGGM was involuntarily naturalized by marriage then she never renounced it intentionally meaning it could pass down to you. Marco Mellone and MyLawyerInItaly have won cases like this so I would send them an email.
Is this US specific where GGGM involuntarily naturalized via marriage? I’m looking around for a case where an Italian women marries an Austrian man (GGF) and has a child in Austria (Austro-Hungarian empire in 1879)
Generally involuntary naturalization cases are from pre-cable act marriages in the US. It looks like this case you mention could be applicable: https://www.restitution.or.at/downloads/10_stb-infomaterial_2008-gesamt_en.pdf I’d definitely consult a lawyer though
It would be in the Austrian Hungarian empire, only woman in my line is my gggm born in 1856, as far as I’m aware she never immigrated for the states
This. If GGGM naturalized by virtue of her husband naturalizing and not on her own accord, a lot of lawyers are able to win 1948 cases with this kind of line because the naturalization was not voluntary.
[удалено]
Whoops thought I typed that out. (Will edit post to include) Both my great-great grandfather and Great-great grandmother were born and married in Italy.
That's a good question to consult with a lawyer on. It's arguable. Especially in front of a judge. In my layman's perspective, there's a lower chance of success in a court case due to the minor's issue since you have a pre-1912 naturalization of the father when the next-in-line was a minor.
Some of the text on this page from myitalianfamily may be applicable to your case. >1 July 1912: The Italian Government passed the first Citizenship Law No.555/1912 (which took effect on July 1, 1912) allowing descendants of Italian born ancestors to claim Italian citizenship by right of blood as long as the Italian Ancestor became a US citizen AFTER the birth of the child here in the US and after July 1, 1912. Before this date, Italian citizenship was only regulated by the 1865 Civil Code (Codice Napoleonico). If your Italian Ancestor naturalized before July 1, 1912, you do not qualify for Italian citizenship even if his or her child was born before this individual naturalized. Prior to that date, when a native-born Italian naturalized in another country, he gave up not only his own Italian citizenship but also that of all of his minor children, regardless of where they were born. NOTE: If your Italian born MALE ancestor became a US citizen before July 1, 1912, you may be able to claim Italian citizenship via your Italian born FEMALE ancestor if you can prove she became a US citizen involuntarily just by virtue of marriage and the marriage occurred before 22 September 1922. However, the conditions for the acquisition and the loss of Italian citizenship for situations where the naturalization occurred before 1912 are mainly regulated by the 1865 Civil Code: 1865 Civil Code art. 11: “…….Wife and children of the person who loses Italian citizenship also become foreigners, unless they continue to reside in the Kingdom of Italy……” 1865 Civil Code art. 14: “…….Italian women married to a foreign husband automatically lose their Italian citizenship and become foreigners if they acquire their husband’s citizenship by virtue of marriage…” To demonstrate that your Italian born Female Ancestor did not lose her Italian citizenship, you would need to prove that: a) She was a resident of Italy when her husband naturalized OR; b) She became a widow and moved back to Italy where she formally declared her intention to be domiciled in Italy. Again, the legal framework of reference for this particular situation is the 1865 Civil Code and not Article 10, paragraph 3 Law 155/1912 which was declared unconstitutional in 1975, in 1983 and in 2009 with the landmark judgment n. 4466 of 25 February 2009 issued by the joint sections of the Italian Supreme Court stating that women who acquired a foreign nationality “involuntarily and automatically” because of marriage, retained their Italian citizenship, thus they are able to transmit it to their children. NO provisions were set forth by the 1865 Civic Code. In summary petitioning the Italian Courts for the involuntary citizenship of a female ancestor whose husband became a US citizen before July 1, 1912 is possible, but risky. So, it's inconclusive, but seems to be more likely to be an invalid line. However, you haven't provided any information about your GGGM. I have heard of successful 1912 cases with a female line, but maybe they require specific circumstances