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Posts by abbiegolden1  

Joined: 2 Feb 2015 / Female ♀
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abbiegolden1   
6 Feb 2015
Law / Looking for confirmation of Grandfather's citizenship... [17]

One other question for the other side of my family - If my other grandfather came to the USA after Polish military service but never got American citizenship, I assume that he remained a Pole. However his daughter was born in the USA. Does that constitute loss of Polish citizenship, even though she acquired it by birth and not naturalization?
abbiegolden1   
4 Feb 2015
Law / Looking for confirmation of Grandfather's citizenship... [17]

Thank you for your help!

Even if your grandfather was not entitled to US citizenship in 1920 (which is rather unlikely, given that at that time he'd presumably been in the US for 12 years, which is more than enough time to be entitled to US citizenship by naturalisation), the moment he took any citizenship other than Polish before 1962, he lost his Polish citizenship.

As I understand it, no one is "entitled" to American Citizenship unless they are born in the United States or are naturalized as an American citizen. He very easily could have gone to court to get his citizenship affirmed and had it denied, as there is no "entitlement" of a foreigner to American nationality regardless of how long they are resident in the USA.

BTW, have you got (or can you get) documentation evidencing that your grandfather (and father) fulfilled or were exempted from any and all Polish military service obligations? If they didn't fulfill those (or received exemption), they lost their citizenship.

That is interesting, I haven't heard that opinion before. Most people seem to say that since they were Polish citizens, they were obligated to serve in the Polish military, and say that if they didn't receive permission not to, then they weren't permitted to lose Polish citizenship.

If the naturalization happened after the mentioned act came into force persons who are obligated to active military service lost their Polish citizenship only in case of receiving Minister's of National Defense permission to obtain foreign citizenship according to the last section of article 11 of the act. --polish citizenship

Considering that they left Poland before independence, they didn't receive his permission.

I have all of the records showing that no one served in the American military (except during the time except in WWII for allied forces), naturalization papers, census records, birth certificates except for the one destroyed, etc. I'm just trying to figure out what else I could provide to the Polish authorities to prove my case. And am wondering if the attorneys are incorrect and if I might have enough evidence as is to give it a shot.
abbiegolden1   
3 Feb 2015
Law / Looking for confirmation of Grandfather's citizenship... [17]

Merged: Looking for Help with Confirmation of Polish Citizenship

I am looking for some help with receiving a confirmation for Polish citizenship. My paternal grandfather (and almost all of my family) was born in Poland in 1981 and left Poland in 1908. He acquired no foreign citizenship until December of 1920. As I understand it, Poland granted citizenship to all Poles born inside its territory who had no foreign citizenship in 1920 when the citizenship law came into effect. This would apply to my grandfather. However, the case is slightly more complicated. The archives has confirmed that the birth certificates of the town in which my grandfather was born have been destroyed. I have his father's (my great grandfather) birth certificate from 1859 in Poland, and many American documents showing that my grandfather was born to my great grandfather in Poland, and that his parents were married when he was born. I have spoken to several attorneys, and they claim that this is not enough evidence. Since the archives admits that the birth certificate of my grandfather was destroyed, what other evidence could they possibly want? I can show that his parents were born in Poland from their Polish birth certificates, and can show that they immigrated to the USA with my grandfather. What other evidence could I provide? Why is a birth certificate not sufficient, since they granted citizenship to all poles with no foreign citizenship born within Poland?

In regards to the law I am citing, correct me if I am wrong:
"At the moment of declaration of this act, the right to Polish citizenship serves every person, without distinction of sex, age, religion and nationality, who: [...] 2) was born on the territory of The Polish State, as far as it is not entitled to another country' citizenship;"