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Posts by kwr66  

Joined: 7 Oct 2013 / Male ♂
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From: Australia, Mount Gambier
Speaks Polish?: Kind of

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kwr66   
7 Oct 2013
Law / Chance for citizenship of Poland; my great grandmother born in 1898 - confirmation, granting by the President? [8]

Hey guys,

First post. I made sure to search keywords I'm looking for first, if there is already a thread concerning this please let me know.

My great grandmother was Polish, born in Czestochowa in 1898. I'm already in contact with Polaron concerning my confirmation as a Polish citizen. Seeing how the national archives are closed up, it kind of inhibits the search process, so I've been researching Polish citizenship law instead.

I stumbled across this article just recently:
Under section D, it says (ways of acquiring citizenship): d) by granting Polish citizenship by the President of the Republic of Poland

"Pursuant to Article 18 of the Act, the President of the Republic of Poland can grant a foreigner, at his/her request, Polish citizenship. No conditions limit the constitutional competence of the Republic of Poland; the President can grant Polish citizenship to any foreigner. Granting Polish citizenship to both parents applies to children under their custody. Granting Polish citizenship to one of the parents, applies to a minor under his/her parental custody, in the event that the other parent has no parental custody, or he/she has given consent that the minor acquires Polish citizenship. [...]"

msw.gov.pl/en/documents/ways-of-acquiring-poli/793,Ways-of-acquiring-Polish-citizenship.html

After much research and many questions answered by Polaron, the only thing that could jeopardize my confirmation as a polish citizen is if my great grandmother was officially married or naturalized, and there is no documentation of either right now. That's why with the Archives being shut down at the moment, research has come to a halt.

My question is, say she was married or naturalized. There goes my chances for confirmation. But what about petitioning the President of the Republic of Poland for citizenship? Traditionally, I understand this is meant for foreigners who have lived in Poland for 5 years. ( http)://polish-law.strefa.pl/citizenship.html)

I've never lived or even been to Poland, but my grandmother grew up speaking polish and my mother also grew up speaking polish. I also speak some polish myself. Polish recipes and traditions have always been in my family as well. However,

No conditions limit the constitutional competence of the Republic of Poland; the President can grant Polish citizenship to any foreigner.

My great-grandmothers birth certificate is coming in the mail, as I just ordered it from the Czestochowa Archives. Would this document, my polish ancestry, and my circumstances warrant being granted citizenship by the president?

Thanks in advance, and again, if it's in the wrong section or there's a duplicate thread, shout out.

Cheers, Kenny
kwr66   
16 Jul 2018
Law / Polish citizenship by petition to the president of Poland? [66]

@Pan T..K.
Perhaps you could help me understand my situation - your answers are very in-depth and extremely knowledgeable.
I made another post awhile back about my great-grandmother being born in Czestochowa. I've done all the research I can and this is what I have.

My great grandmother was born in 1898. I have her and her family's birth records and their names listed on the permanent residents list from the archives. She emigrated to the US in 1912, met my great grandfather and married. I have proof of nonrecord of a marriage license from the Philadelphia archives, and proof of nonrecord for naturalization from both the Philly archives and USCIS (federal immigration). So she never officially married or naturalized, because US law back then said that women who married automatically acquired the citizenship of their husbands.

My grandmother was born in 1917 in the US. This is where I run into the snag - since my great grandmother left Poland before 1918, I would have had to prove that she was Polish and had polish documents. However, I believe that since my grandmother was born in the US before 1918, my claim for confirmation of citizenship is invalid. That is the advice I've received from my law firm.

They have advised me to apply for a grant of citizenship from the president. What can I do to help my case? They've advised me to become more active in polish organizations and to take polish classes, as well as provide documentation of my affiliation with Poland. What else will help my case be stronger? Would B1 or B2 polish certification help as well? Any info you can provide would be much appreciated, or anyone else for that matter.
kwr66   
17 Jul 2018
Law / Polish citizenship by petition to the president of Poland? [66]

Wow, thank you so so much! First off, yes. Very straightforward process haha. I located the birth certificate and the list of permanent residents on JewishGen after some research. That's just when the fun began. I contacted the archives myself and ordered a copy of both and requested that they be apostilled/notarized to be official documents. This was in 2014. They sent pictures and unofficial copies, and replied with a cryptic letter about how they cannot officiate copies.

The Polish team of the law firm was able to get what they needed and provide me with the official copies. This was late 2016. Apparently the law for confirmation requires polish representation - and honestly, it makes everything so much easier.

So, now to address the rest. I was born in 1995 in the US. My mother was born in 1954 in the US. My grandmother was born in the US in 1917(for context) and my great grandmother was born in 1898 in Czestochowa.(also for context). How do I determine whether my grandmother was eligible under the citizenship law of 1920 or the Treaty of Riga of 1921? Just so I'm understanding clearly, even if my grandmother was born in the US in 1917, she would still be entitled to be enrolled in the permanent residency books due to my great grandmothers birth in the Kingdom of Poland/permanent residency there? Or am I mistaken?As far as the Russian law goes, where do I start to research that?

My grandmothers birth cert has both of my great grandparents listed on it - I suppose that doesn't help prove she was illegitimate. I suspect that the reason I can't find the marriage cert is that A) my great grandparents were married elsewhere or B) they were married at a synagogue and the records are there or don't exist or C) were married in Philadelphia after 1914, when there was a fire and all documents from 1914-1920 something were wiped out. The reason I say married, despite a lack of proof, is that on all 3 of the US censuses I have found their family in, my great grandmother was indicated as being married in 1912/1913, even though she immigrated in 1912. Same with naturalization - she was marked as naturalized, but no evidence exists (that I have located). That is why i assume that she was automatically naturalized.

So as far as the illegitimacy claims, with both parents on my grandmothers birth cert and her listed on the census with both parents, it appears that she wasn't illegitimate. What else could prove that she was illegitimate?

Also, when you say a child that is under 21 in 1920 born to those who were citizens of the Second Republic, does that equate as my grandmother being born a Polish citizen by chance? I think I might have lost you on that one. Sorry to ask you to explain further but if that is the case, I'm assuming the reason she would need to be illegitimate is because Polish women who married foreigners automatically acquired the foreigners citizenship back then? Please correct me if I'm wrong (I'm sure I am).

You have been the number one most helpful resource - a million thanks. No one has been able to walk me through this mindboggling process like this before.
kwr66   
17 Jul 2018
Law / Polish citizenship by petition to the president of Poland? [66]

My great grandfather was actually a Russian immigrant - however I do not have a specific location nailed down for him. The family is marked as Russian/Polish on the censuses. He was born in 1894 and came here in 1901/1902. He was marked as an alien and I haven't been able to find any naturalization paperwork for him.

Would I need to prove that with birth, residence, and immigration documents?

Also in the case that I do move forward with the citizenship grant, there are more documents about my great grandmothers family at the archives. What else, if anything, could be useful? Going back subsequent generations, for example?
kwr66   
20 Jul 2018
Law / Polish citizenship by petition to the president of Poland? [66]

You absolutely should.

Update on my end: I spoke with the law firm and they told me that the marriage certificate was the holdup with my great-grandparents. Doing some research, I found out that there are local archives in NJ where my great grandfather lived until the next census - it's possible that they got married in his hometown. I asked about whether or not the marriage certificate would change anything about my application, and this is the response I received.

The interpretation of the citizenship legislation by Polish authorities in regards to some documents has relaxed somewhat. The marriage certificate would not be an obstacle as Esther is clearly the mother of Sylvia as stated on Sylvia's birth certificate.

The technicality that the Polish authorities have become a lot more stringent on, is the "jus soli" nationality rules in US. In the past we have argued in some cases that the attainment of the US citizenship has not occurred by choice. Unfortunately, a Polish Court of Law ruling has now closed that option. In your case, according to that ruling, Sylvia has lost her Polish citizenship when she turned 18 in 1935 as she has become an adult US citizen and no longer protected by her mother.

My question is, what if I could prove that William was born in the K.o.P. like you and I discussed?