I am an American interested in obtaining EU citizenship.  I have seen
conflicting information on Polish citizenship by descent on the
internet and have found the consulates to be less than helpful.  I
would like to find out some details so I don't waste time or money
pursuing this if it's not going to work out.  I have kind of run into
a brick wall because it seems in order to research this thoroughly one
must speak Polish; while the current citizenship laws are available in
English, I have not been able to find the older laws.  If it ends up
looking like I am eligible for citizenship I plan to go through an
attorney who can handle the application directly in Poland rather than
through a consul.

My great-grandparents were born in Poland in the 1890s.  My
great-grandfather immigrated to the US in 1911 and was naturalized
sometime before 1930.  My great-grandmother immigrated to the US in
1920 and never filed for naturalization.  Obviously there are some
specific dates that I don't know - I would have to get birth
certificates and INS records and that might take weeks.

My grandmother was born in 1923 in the US.

My father was born in 1953 in the US.  His father was an American citizen.


1) How did citizenship law work at that time?

a) Did a person become a Polish citizen at birth if one of his or her
parents were a Polish citizen?  Did it matter whether that parent was
the mother or father?

b) Was Polish citizenship lost by foreign naturalization?

c) How does marriage affect this?  If a Polish woman married a foreign
citizen did she lose her Polish citizenship?

2) Is my grandmother a Polish citizen?  If you can't answer this
because of the lack of exact dates, what would need to be the case for
her to be a Polish citizen?

3) Assuming my grandmother was a Polish citizen would my father have
become a Polish citizen at birth?  In other words, according to the
citizenship laws applicable during that time period, is citizenship by
descent passed down maternal lines when the father is a foreign
citizen?

Perhaps the Tutuzdad's comment to this similar question is of interest.
http://answers.google.com/answers/threadview?id=589789

The quote from the citizenship law in that comment is from the 1962
(current) citizenship act.  I've read that in full, since it's
available in English.  The part quoted in that comment is the part
about naturalization which isn't exactly relevent.

The way citizenship by descent works is:

My great-grandparents were Polish citizens.

My grandmother may have received Polish citizenship at birth.  This
has to be determined using the citizenship laws applicable at the time
of her birth (1923).  Earlier laws might be relevant as well because
they might affect whether my great-grandparents lost their Polish
citizenship at some point.

If my grandmother was a Polish citizen, my father might have received
citizenship at birth.  This has to be determined using the laws that
applied in 1953, at the time of his birth.  Other laws might be
relevant too because they might have affected my grandmother's status
as a Polish citizen.

Basically, the biggest problem is that I can't find these other laws
anywhere.  I can't find anything other than the 1962 act with
amendments in English.  Hopefully someone can, or someone who speaks
Polish might have far better luck finding them.  From there it should
be fairly obvious whether there's any point to me spending money on an
attorney.

"In the 1890s" Poland was not an independent state. I do not know if
this is of any relevance when trying to answer your question.
However, it may be helpful to know if your great-grandparents were
emigrating from Russia, Austria or Germany.

Dear David

Based on  what you told us, 
you are not eligible for polish citizenship by descent:

"
(...) By Descent:

Child acquires citizenship regardless of the country of birth, if both
parents are citizens of Poland or at least one of parents is Polish
citizen and the other one is either not known or whose citizenship
cannot be established, or who is stateless.

Child, one of whose parents is a citizen of a foreign country acquires
Polish citizenship by birth. However the parents by affidavit executed
before proper Polish authorities within three months after the birth
of the child can choose foreign citizenship for the child if the laws
of the foreign country grant the child citizenship based on descent
from the foreign parent. Polish citizenship can be granted to that
child if he/she after turning 16, but before 6 months to the legal age
executes an affidavit expressing the will of becoming the citizen
before proper Polish authorities.
"

   Anyway, rating is supposed to appreciate the whole answer, answer
with all clarifications.  To rate low and ask for clarification is
counterproductive
as it removes motivation to further research the issue. Rating cannot
be changed.  May be some other GAR will pick up your question and find
a different answer.

Good luck

Hedgie