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IN RE BALSAMO

November 20, 1969

IN THE MATTER OF THE PETITION FOR NATURALIZATION OF FRANK BALSAMO.


The opinion of the court was delivered by: Perry, District Judge.

DECREE

This cause comes on to be heard upon the Petition for Naturalization of Frank Balsamo, a hearing thereon, and the Findings of Fact, Conclusions of Law and Recommendation of the designated Naturalization Examiner.*fn*

The court having considered said Findings of Fact and Conclusions of Law and Recommendation does hereby adopt, ratify and confirm the same haec verba.

Now, therefore, it is hereby ordered, adjudged and decreed that the Certificate of Loss of Nationality, issued to Frank Balsamo pursuant to Section 404(a) of Chapter IV of the Nationality Act of 1940, be and the same is hereby declared null and void ab initio and said Frank Balsamo is hereby decreed to be a naturalized citizen of the United States of America now and at all times since December 16, 1926 and is therefore ineligible to again be naturalized.

APPENDIX

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN
  DISTRICT OF ILLINOIS
Petition for Naturalization }
            of              }
        FRANK BALSAMO       }
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION OF
  DESIGNATED NATURALIZATION EXAMINER
TO THE HONORABLE, THE JUDGES OF THE UNITED STATES DISTRICT
  COURT FOR THE NORTHERN DISTRICT OF ILLINOIS:

1. The undersigned, duly designated under the Immigration and Nationality Act to conduct preliminary examinations upon petitions for naturalization, respectfully submits that the above named petitioner, a 69-year-old native and national of Italy who was lawfully admitted to the United States for permanent residence on June 5, 1957, filed the petition for naturalization referred to above on January 4, 1966, under the provisions of Section 316(a) of the Immigration and Nationality Act (8 U.S.C. § 1427).

The question presented is whether the petitioner is a United States citizen, the question arising by reason of the fact that he was naturalized in the Circuit Court of Cook County at Chicago, Illinois during 1926, subsequently returned to Italy, and, by protracted residence there, automatically reacquired Italian nationality.

2. The undisputed facts are as follows. Petitioner, born in Italy on March 25, 1900, first entered the United States on May 27, 1920. He was naturalized on December 16, 1926, and, after becoming a citizen, he returned to Italy on several occasions.

Initially, he, his wife, and his two children, who had been born in the United States in 1928 and 1930, respectively, went to Italy in April 1936. His wife and children remained there, but he came back to the United States in about February 1938. Then, in April 1938, he rejoined his family in Italy. In 1952, after 14 years in Italy, petitioner decided to return to the United States and applied to the United States Consulate in Palermo for a passport. The application, however, was rejected, and the Department of State issued a Certificate of Loss of Nationality, advising him that he had lost his United States citizenship in accordance with the provisions of Section 404(a) of Chapter IV of the Nationality Act of 1940 by residing for over two years in Italy, a foreign state of which he was formerly a national, and by reacquiring through such residence the nationality of such foreign state by operation of Italian law.

Some four years thereafter, petitioner chose to immigrate to the United States, obtained a permanent resident's visa, and presented it when he entered this country on June 5, 1957. Then, on March 23, 1958, he went back to Italy, returned to the United States on December 27, 1958, went back to Italy again during April 1960, returned to this country on September 5, 1961, and has remained here continuously since the latter date.

On January 4, 1966, he filed his petition for naturalization with the Court. When asked during an examination conducted in accordance with 8 U.S.C. § 1446 why he had remained abroad for such prolonged periods, he explained that he returned to Italy in 1936 to visit his parents; that he went back in 1938 to visit his wife and children and remained abroad because of his wife's death in 1942, and because of World War II; that his trip in 1958 was due to the death of his daughter; and that he returned to Italy in 1960 to recuperate from an illness. During the examination he also testified that when visiting Italy he did not intend to remain permanently; that he did not belong to any political parties; that he did not take an oath of allegiance; that he did not serve in the armed forces; that he was not employed by the Italian Government; that he did not vote in any political elections; that he did not formally renounce his United States citizenship; and that he did not intend to abandon or relinquish his United States citizenship.

Subsequently, on January 9, 1968, in answer to an inquiry from petitioner, the Department of State informed him that their prior decision that he had expatriated himself was reversed and that ...


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