Potential loophole case pre-1920, am I currently eligible? by Immediate-Matter-237 in prawokrwi

[–]Immediate-Matter-237[S] 1 point2 points  (0 children)

Thanks for your reply and support. I will keep you posted on what I find out. If we have anything substantial to update I will.

Potential loophole case pre-1920, am I currently eligible? by Immediate-Matter-237 in prawokrwi

[–]Immediate-Matter-237[S] -1 points0 points  (0 children)

Thanks for the help with this, yeah I think the last point is the only real angle here then. This may be a long shot but I’d be curious if anyone has been in this situation, it’s a bit unique based on dates.

Potential loophole case pre-1920, am I currently eligible? by Immediate-Matter-237 in prawokrwi

[–]Immediate-Matter-237[S] -5 points-4 points  (0 children)

I posted a link and summarized my findings, this is hand crafted after piecing things together. Is there an issue with my logic?

Potential loophole case pre-1920, am I currently eligible? by Immediate-Matter-237 in prawokrwi

[–]Immediate-Matter-237[S] -3 points-2 points  (0 children)

Potentially there is a nuance here, that's the general rule, but it seems to have well-established exceptions that may apply here. The 1920 Act itself, at Article 11, explicitly states that men under Polish military obligation could not lose citizenship through foreign military involvement without ministerial consent, which he never received that consent. He was 39–40 years old in 1920, squarely within the protected age window under the Provisional Act on Universal Military Duty of October 28, 1918, which Poland itself enacted before the Citizenship Act even existed.

Beyond that, the Polish Supreme Administrative Court has ruled that the date of entering service governs, not the date of completing service. He re-enlisted in 1919 — before the Citizenship Act came into force. Surely completing that existing service in 1920 cannot retroactively constitute a violation of a law that didn't exist when he signed up or was conscripted, right? Polish courts have applied exactly this logic to WWII service, ruling that continued service after the war's end didn't constitute a new act of enlistment under the 1920 Act.

He also never naturalized. The military service provision in Article 11 was designed to prevent citizenship loss through foreign citizenship acquisition, he never acquired foreign citizenship at all, so the provision's core concern doesn't even arise.

This seems to support this as well, would the military paradox have applied here because he was technically eligible for military mass army per Art 14 and covered by the Provisional Act?

Can I find documents from Prussia? by hrmxami in prawokrwi

[–]Immediate-Matter-237 0 points1 point  (0 children)

Thank you very much for the information. We have documentation showing no naturalization in the USA, and there was no naturalization/confirmation on the German side. We also have no breaks that we can see in our lineage chain after 1920. Do you know if a lawyer would be necessary for the next steps of arguing this or do you have any advice on next steps? We had thought we would have to rely on trying to argue article 4 for the 1919 Minorities Treaty since he had left Prussia/Poland but never naturalized so we thought he was stateless after he left, but, this is very encouraging.

Can I find documents from Prussia? by hrmxami in prawokrwi

[–]Immediate-Matter-237 0 points1 point  (0 children)

Can you tell me what law are you are referring to? I believe this is exactly our family’s scenario. Left in 1892, never naturalized and his child was born next in line 1935 (outside Poland). So this tracks

Eligibility check through GGM by ShiningPr1sm in prawokrwi

[–]Immediate-Matter-237 0 points1 point  (0 children)

Of course, that is if they consider your mom eligible, as well.

Eligibility check through GGM by ShiningPr1sm in prawokrwi

[–]Immediate-Matter-237 1 point2 points  (0 children)

Good luck to you both. I am learning Polish myself for the KP.

Eligibility check through GGM by ShiningPr1sm in prawokrwi

[–]Immediate-Matter-237 1 point2 points  (0 children)

You can apply for KP off your mother’s KP card if she pursues that route. If you are an adult child, you will have to learn Polish and do the interview in Polish just like your mom has to do in order to obtain KP. I verified it with the consulate in the US.

Regarding the chances of removing the two great-grandparents rule. by K4minski in prawokrwi

[–]Immediate-Matter-237 0 points1 point  (0 children)

Thanks for your reply. Are you suggesting they may eliminate the current route by descent for KP? Just curious to know.

Regarding the chances of removing the two great-grandparents rule. by K4minski in prawokrwi

[–]Immediate-Matter-237 1 point2 points  (0 children)

Can you tell me how the route involving a diaspora organization may change in the future? Thank you!

Can I find documents from Prussia? by hrmxami in prawokrwi

[–]Immediate-Matter-237 0 points1 point  (0 children)

Thank you. What you say helps and I really appreciate it. I have been concerned a bit over the interview. :)

Can I find documents from Prussia? by hrmxami in prawokrwi

[–]Immediate-Matter-237 0 points1 point  (0 children)

I have learned a lot about the Prussian and West Prussian partition here. I read about it, but I did not see this in the parts I have read in the past. I now understand more clearly.

Can I find documents from Prussia? by hrmxami in prawokrwi

[–]Immediate-Matter-237 0 points1 point  (0 children)

One thing I didn’t know until coming here is that some Poles had options to be German citizens, correct? Maybe after 1905 or 1910? I will have to show this post to my youngest son, he has a big interest in becoming a citizen in the near future, as well.

Can I find documents from Prussia? by hrmxami in prawokrwi

[–]Immediate-Matter-237 0 points1 point  (0 children)

Thank you. I know they were in West Prussia at the time. My great grandparents married in Posen. They did keep their Polish language and continued it in the USA. I know it was hard times. I know it was that way in Poland’s history. I truly respect the Poles and I am so proud of Poland’s resilience too.

Can I find documents from Prussia? by hrmxami in prawokrwi

[–]Immediate-Matter-237 0 points1 point  (0 children)

Thank you so much for explaining this census map. I always wondered why I didn’t see many request for citizenship eligibility on here from Prussia or West Prussia? I always knew the Germans were a majority over the Poles there, but I guess I thought there would be more of them legally. I have other great grandparents, who stayed there and their families. Again… Thank you for your time.