ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Irish Citizenship through great grandfather (split)

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

Locked
kmoore1967
Newly Registered
Posts: 1
Joined: Thu Jul 27, 2017 9:57 pm

Irish Citizenship through great grandfather (split)

Post by kmoore1967 » Thu Jul 27, 2017 10:20 pm

I have a question of a strange circumstance. My great-grandfather was born in County Clare, 10 Oct. 1877. When he came to the US, he married my great-grandmother in 1905, at the time when she no rights to citizenship as women in the US did not obtain that until 1922.

Per the 1930 Federal US Census, my great-grandfather was listed as a citizen of Ireland and all his children were also listed as Irish citizens. My great-grandfather was not naturalized.

My grandfather who was born in 1908, as the US immigration law at the time declared that even though he was born in Virginia, he was still considered an Irish citizen in 1930.

Would the fact that my great-grandfather was an Irish citizen in 1930, as per US law, and my grandfather was born during the time that my grandfather was an Irish citizen, declared by the US government to also be an Irish citizen, even though born in the US, would I be eligible for dual citizenship based on that criteria?

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: Irish Citizenship through great grandfather (split)

Post by JAJ » Sat Jul 29, 2017 10:55 am

There is no way that US law could ever have declared your Virginia born grandfather a citizen of any country other than the United States. It is entirely possible that a census enumerator in 1930 could have recorded Irish citizenship based on information provided but that is not relevant for immigration and nationality law purposes.

In any case- Ireland did not enact a comprehensive nationality law until 1935 and until then, Irish people had the same British nationality as the other Dominions. Canada, Australia, etc. The Irish re-enacted their nationality law in 1956 and under that statute (retroactively) your great-grandfather was deemed Irish by birth and your grandfather Irish by descent. Your own father would have been eligible for Irish citizenship by registration but unless he did so before you were born then you cannot now claim Irish citizenship by descent. Unless in some cases if you were born after 1956 and your father registered as Irish before 1987.

Regarding your great-grandmother- in 1905 it appears (automatically) acquired the British nationality of her husband. Ireland was part of the United Kingdom at that time. However, since she married before 1907 she may not have automatically lost her US citizenship.
https://fam.state.gov/fam/07fam/07fam1200apE.html
This is not intended to be legal or professional advice in any jurisdiction.

Locked