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To: Danae

And:

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-45104/0-0-0-51376.html

(xii) Under doctrine of election; origin of doctrine (Perkins v. Elg) . As early as 1875, the Attorney General of the United States asserted that a native-born United States citizen minor, who acquired dual nationality after birth through a parent’s resumption of foreign citizenship, could elect to retain United States citizenship upon attaining majority, 137/ a viewpoint subsequently approved by the United States Supreme Court in Perkins v. Elg, 138/ although not without prior dissident opinion. 139/ The Elg decision established that a right to elect United States nationality upon attaining majority existed under the circumstances stated, and that expatriation did not result when the dual national exercised such right by resuming residence in the United States. Upon the facts, the case did not decide any question as to the consequences of continued foreign residence and a failure to otherwise make an election, 140/ although the decision expressed the view that an election of foreign nationality by affirmative action could have been made by the dual national with expatriative effect. 141/

Based upon the decision in Perkins v. Elg, it was well established that a United States citizen, who after birth and during minority acquired a foreign nationality involuntarily through his parent’s naturalization, and the right to choose between nationalities on attaining majority. Upon an affirmative election of foreign citizenship, the dual national was deemed to have lost his United States nationality by foreign naturalization, pursuant to section 2 of the Act of March 2, 1907. 142/ The effect of Afroyim v. Rusk upon this rule is considered in INTERP 349.2(b)(2)(ii), infra.

-snip-

Pursuant to an interpretation of the second paragraph of Article XII of the Italian nationality law of 1912, a minor child born outside Italy of Italian parents did not lose Italian nationality when the parent having legal custody was naturalized in the country of the child’s birth, if the child already possessed the citizenship of that country. Thus, a minor child who was both a United States citizen by native birth and an Italian citizen at birth through his parents did not lose Italian nationality upon t he naturalization of his father in the United States. It further follows that since such child initially was and thereafter remained an Italian citizen, he could not and did not acquire anything more in the way of Italian nationality under the first paragraph of Article XII of the Italian statute when his father resumed Italian citizenship in accordance with Article IX(3) of that statute. Accordingly, such child did not acquire dual nationality after birth, the doctrine of election had no application, and e xpatriation thereunder by foreign naturalization pursuant to section 2 of the Act of March 2, 1907, could not and did not take place. 148/


37 posted on 01/25/2012 12:35:55 PM PST by El Sordo (The bigger the government, the smaller the citizen.)
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To: El Sordo
The Italian nationality law is interesting and actually applies to me. My great grandparents immigrated and gave birth to my grandfather before they naturalized. My grandfather, therefore, was considered by Italy to be an Italian citizen. He had no idea of this. In turn, he transmitted it to my mother and she to me. If I come up with supporting documents--birth records, marriage records, etc.--I can get an Italian passport.

So, am I a Natural Born Citizen? Both of my parents were born here, all four grandparents were born here, but under Italian law, I'm considered an Italian citizen.

47 posted on 01/25/2012 2:12:52 PM PST by Bubba Ho-Tep ("More weight!"--Giles Corey)
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