Hi,

I think I might have a case for a claim to Polish citizenship, can anyone verify this?

1. Great Grandfather was born in town in Galicia, 1860s.
2. Emigrated to the US, 1880s
3. Gave birth to my Grandfather in 1904
4. My father was born in 1949
5. I was born in the 1980s.

So, here are the facts, and my argument rhetoric:

1. The village of my Great Grandfather was part of Galicia during Austria-Hungary empire, and is now a part of present-day Poland

2. In the treaty of St. Germain-en-Laye, which deals with nationalities of citizens of countries of former Austria-Hungary, Article 70 states that "Every person possessing rights of citizenship in territory which formed part of the territories of the former Austro-Hungarian Monarchy shall obtain ipso facto... the nationality of the State exercising sovereignty over such territory."

(Thus, my great grandfather would have become a Polish national through this international treaty)

4. Article 2, Section 3 of the Polish Citizen Act of 1920 states that "At the moment of declaration of the present act, the right to Polish citizenship serves every person... is entitled to Polish citizenship based upon international treaties"

(Thus, my great grandfather obtained the right to Polish citizenship by way of international treaty)

- Article 4, Section 2 of the Polish Citizen Act of 1920 states that "Polish citizenship is acquired by... entitlement, recognition, adoption"

(Therefore, my great grandfather acquired Polish citizenship as he was entitled to it)

My other arguments are:
- The ancestral line of citizenship is entirely paternal (I am the son of my father's father's father), which is important.

- All three of these people were governed by the 1920 Act, while I was born in the early 80s, would be governed by the 1962 Act, which means I would be a citizen by birth.

What I'm really wondering about is the question regarding people who left before 1918:

- In the Article 2 of the 1920 Act, do all requirements have to be fulfilled? Because he seems to fulfill Sections 2 & 3 (born in territory of the Polish state, entitled based upon treaties, respectively), but does not necessarily fulfill Section 1, which is that he "is settled on the territory of The Polish State, as far as it is not entitled to another country’s citizenship."

I wonder, if my great grandfather was a citizen of Galicia and emigrated to the United States, can the fact that he has a right to Polish citizenship by international treaty "trump" the 1920 Act that requires him to have been settled on the new territory?

To further add things into the mix, I have a copy of the 1930 US Census Report that lists him as unnaturalized, having been born in Poland, and lists both parents as being born in Poland.

I also know the town he came from, and some information about his familiy-- including the names of his father and grandfather-- which might help with the search of records.

He was 69 at the time of the census, and I cannot find a Social Security number for him, which makes me doubt that he was naturalized before his death. I've already placed a request for US Naturalization Services to verify if he ever became a US Citizen or not...

Not to drag on, but I realize I haven't seen this question raised before-- the question of whether former citizens of Galicia who were entitled to Polish citizenship by treaty actually acquired citizenship by the language of the act. I guess it really hinges on if all requirements of Article 2 must be fulfilled, or if some of them do.

What do you all think?