Dual Citizenship by Jus Sanguinis – A Great Way to Honor Your Immigrant Ancestors

The one thing all Americans have in common, except Native Americans of course, is the fact that we are descended from immigrants. We all come from somewhere other than the North American continent. Whether our ancestors came to the US in search of a better life, to escape political oppression, or to embrace religious freedom, once here, they were able to pass on the principle of citizenship to their US-born descendants. US territory. juice alone, also known as “right of land”, refers to the automatic and unrestricted right to citizenship by territorial birth. As incredible as America is, we earned our inalienable constitutional rights simply by being born on American soil.

The 14th Amendment to the Constitution protects the principle of territorial birthright: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State in which they reside.” Few “advanced economies,” as defined by the International Monetary Fund, adhere to the policy of juice alone; but the two main proponents are the US and Canada, both in North America and therefore considered part of the New World.

Currently, the vast majority of countries in the world use a combination of both principles when granting and denying citizenship. However, across the pond, the European Union (EU), made up of 27 countries, has come together under a citizenship policy of jus sanguinis (“right of blood”), which recognizes citizenship by descent. Italy refers to its citizenship policy as dammit or “blood continuity.”

The EU consolidated its citizenship position in 2004 when Ireland revoked its automatic right to citizenship based solely on territorial birth. In short, a child born in an EU country is granted citizenship based on the nationality of her parents. While France is on board with jus sanguinisstill adhere to the principle of juice alone until a certain point.

The EU’s decision to go down the path of primogeniture by blood is based on a number of reasons: the desire to put an end to “citizenship tourism”, to curb the influx of asylum seekers, and also to recover, to some extent, the millions of its citizens who fled their respective countries during various diasporas (large-scale migrations). Ireland and Italy lost millions in the mid-19th century: Ireland due to the Great Famine in the 1840s and Italy due to its unification in 1861. Many of the expatriates came to the United States.

So how does this affect US citizens? It means that it is becoming easier to obtain dual citizenship, as US citizens can legally hold two passports, and more countries are adopting dual citizenship by descent. According to US Citizenship and Immigration Services, “The United States does not formally or officially recognize dual citizenship.” Nothing can prevent a US citizen from applying for dual citizenship, as long as she does not have to renounce her allegiance to the US or take an oath of allegiance to the non-US country.

There are also benefits to having two passports. Consider the following:

• The US does not require you to renounce your US citizenship if you have dual citizenship
• European Union (EU) passports allow a person to travel freely between the 27 countries of the Union
• An EU passport entitles the holder to live and work within the EU
• Fiscal benefits
• educational rights
• You can buy a property and open a bank account
• After working in an EU country for a certain period of time, you are entitled to unemployment compensation, health care and pension rights.
• Cost of living can be lower than in the US and therefore good for retirement
• Easier to open a business

Although it is not an easy process to apply for dual citizenship, some countries make it easier than others.

Ireland

With about 34 million Americans claiming Irish ancestry, Irish genealogy organizations are spearheading projects to attract Irish descendants to the island. The Ireland Reaching Out program (alias “Ireland XO”) started as an Irish genealogy pilot project a couple of years ago and is now the driving force behind calling Ireland’s ancestors home. The influx of visitors and dual citizens is expected to increase tourism and boost the Irish economy.

If you were not born on Irish soil and choose to find your ancestors and establish dual citizenship through descent, you must first apply for the Foreign Birth Register (FBR). You can now submit an FBR (known as ‘Náisiún) form online. In addition to completing an FB1A application and having a witness, you must also submit birth, death, and marriage certificates for all generations going back to your Irish ancestor, plus additional documentation.

Italy

While Italian citizenship is granted by birth through the paternal and maternal lines (with no generational limits), there are two dates in particular that you should be aware of when beginning your genealogical research: 1861 Y 1948. His Italian ancestor must have been born in the Italian territories after March 17, 1861 (the date of the Official Proclamation of the Kingdom of Italy – the unification of Italy), or must have been alive after March 16, 1861, to be considered part of the dammit line.

In 1948 The constitution of the Italian Republic revoked the Italian Law 555 of 1912, which established that a woman could not transmit citizenship. The new constitutional ruling of 1948 established: “All citizens have equal social dignity and are equal before the law, without distinction of sex, race, language, religion, political opinions, personal and social conditions.” US consulates still recognize the pre-1948 constitution to some extent, limiting dual citizenship applications to only children born after January 1, 1948, if claiming citizenship through a female.

The National Italian American Foundation (NIAF), in conjunction with the Italian Embassy, ​​has prepared a free online questionnaire that will help you determine your eligibility for dual Italian citizenship. Final determinations are made by the Italian Embassy or Consulate in the jurisdiction in which you reside.

France

Dual citizenship with France may prove to be a more difficult nut to crack, especially due to the language barrier. Of course, France has only allowed dual citizenship since 1973 and has undergone a number of legislative changes regarding French nationality. It is also the last hurdle in the EU that still recognizes juice alone until a certain point; although it no longer grants nationality strictly by territorial birthright. Starting in 2003, to control immigration, the “Sarkozy law” was adopted, which requires the applicant to demonstrate his assimilation into the French community in a personal interview, as well as to be assessed on his knowledge of the French language and the rights and duties conferred by French nationality.

To achieve dual French citizenship, you must obtain a Certificate of French Nationality (CNF) – French Nationality Certificate. The CNF is an official document that allows a person to prove their French citizenship. To obtain a CNF, you must first submit a Application for Certificate of French Nationality.

In summary

Are you a candidate for dual Italian citizenship by jure sanguinis? If so, congratulations, but you still have a lot of genealogical research work. To prove your family history, you must obtain original documentation to support each of your lineage claims. Each record must be certified, translated and, in some cases, apostilled by the Secretary of State of the state in which it was issued. If the process sounds a bit daunting, you might consider contacting a genealogy research service and hiring a professional genealogist to help you on your journey to dual citizenship. Just remember, the fact that you may be a candidate for dual citizenship for jus sanguinis it has nothing to do with the ground you walk on; rather, it has everything to do with the blood that runs through your veins.