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

The one thing that all Americans have in common, except Native Americans, of course, is the fact that we are descendants of immigrants. We all come from somewhere other than the North American continent. Whether our ancestors came to the U.S. 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 territory-born descendants. U.S. Soli juice, also known as “right to land”, refers to the automatic and unrestricted right to citizenship by territorial birth. As incredible as America is, we earn our inalienable constitutional rights simply by being born on American soil.

The Fourteenth 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 jus soli; but the two main proponents are the United States 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 sanguinis juice (“right of blood”), which recognizes citizenship by descent. Italy refers to its citizenship policy as I swear sanguinis or “continuity of blood.”

The EU solidified on its citizenship stance 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 his parents. While France is on board with sanguinis juice, still adhere to the principle of jus soli until a certain point.

The EU decision to follow the path of birthright by blood is based on a number of reasons: the desire to end “citizenship tourism”, to curb the influx of asylum seekers and also to recover, to some extent, By measure, the millions of 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 their unification in 1861. Many of the expatriates found their way to America.

So how does this affect American 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 the United States Citizenship and Immigration Services, “The United States does not formally or officially recognize dual citizenship.” Nothing can prevent an American citizen from applying for dual citizenship, as long as they do not have to renounce their allegiance to the United States or take an oath of allegiance to the non-US country.

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

• The U.S. does not require you to renounce your U.S. citizenship if you become a dual citizenship citizen
• 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, medical care and pension rights.
• The cost of living may be lower than in the US and therefore good for retirement.
• Easier to start a business

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

Ireland

With around 34 million Americans claiming to have Irish ancestry, Irish genealogy organizations are spearheading projects to attract Irish descendants back 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 dual nationals and visitors is expected to boost tourism and boost the Irish economy.

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

Italy

While Italian citizenship is granted by birth through the paternal and maternal line (without generational limits), there are two dates in particular that you should keep in mind when beginning your genealogical research: 1861 and 1948. Your 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 I swear sanguinis line.

On 1948 the constitution of the Italian Republic repealed Italian Law 555 of 1912, which established that citizenship could not be transmitted by a woman. The new constitutional ruling of 1948 said: “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.” The consulates of the United States still recognize the pre-1948 constitution to some extent, limiting applications for dual citizenship only to children born after January 1, 1948, if they claim citizenship through a woman.

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

France

Dual citizenship with France can be a tough 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 it still recognizes jus soli 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 to 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 obtain 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 French nationality certificate application.

In summary

Are you a candidate for dual Italian citizenship by jure sanguinis? If so, congratulations, but you still have your genealogy research work to do. To prove your family history, you must obtain original documentation that supports each of your lineage claims. Each record must be certified, translated, and, in some cases, issued an apostille by the Secretary of State in the state in which it was issued. If the process sounds a bit overwhelming, you may 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 can be a candidate for dual citizenship by sanguinis juice it has nothing to do with the ground you are standing on; rather, it has everything to do with the blood that runs through your veins.