Wajngort → Diaz — Polish Citizenship by Descent
Concrete next steps, with pre-filled USCIS data and direct links to every form and office you need.
Your case is documentarily strong but legally borderline. The pivot point is whether Polish authorities accept that Berek Lejb Wajngort retained Polish citizenship after his father Elias naturalized US in May 1928. Confirming Bessie's US naturalization status is the single most valuable next data point — everything else flows from there.
| When | Action | Where & how | Cost | Time |
|---|---|---|---|---|
01/2022-05-27_PolishArchives_CertifiedOriginals_8records...pdf. Pajączkowska sworn-translation PDFs still pending but content transcribed into Polish Archive Records page. | — | Free | Done | |
| — | Done | Done | ||
| Ready NOW | USCIS Genealogy Index Search (G-1041) for Bessie / Basza Weingart — her death date (29 Apr 1973) is confirmed, so this can be filed today | uscis.gov/g-1041 (file online) — pre-filled answers in §03 below | $30 online / $80 paper | ~9–10 mo |
| Ready NOW | USCIS G-1041A — order paper Visa File V-1331441 for Berek | Same site. File # already known. | $30 online / $80 paper | ~14–15 mo |
| Next | Remaining certs: Berek + Marjorie marriage (NYC → City Clerk / Municipal Archives depending on year); Eliot Sr. death cert if needed (NYC DOHMH). | NYC Municipal Archives · NYC DOHMH · NARA | ≈ $20–40 ea. | varies |
| RESOLVED 29 Jul | Desktop/"Polish Citizenship Documents"/Case_Tree_April2026/05_Naturalization_and_Immigration/ | Done | Done | |
| Next 2 weeks | Verify father's DOB discrepancy (4/26 vs 4/30 1974) | Ask father; check 2008 long-form vs 1974 original. May need amended BC. | $0–30 | Call |
| NEW — added 30 Jul 2026 | Obtain a US official certificate on Elias's military status. The Mazowieckie Voivode's own published document catalogue for great-grandparent-route cases requires, where the chain runs through an ancestor who acquired foreign citizenship before 19 January 1951, a full certificate issued by the authorities of that foreign state stating whether and from what date he was subject to that state's universal military obligation, and whether he performed any service (active, professional, reserve or volunteer) in its armed forces before 19 Jan 1951. For Elias that means a Selective Service records search (NA Form 13172 → stl.archives@nara.gov) and a military-service search (SF-180 → NPRC). Statutory analysis done 30 Jul 2026 — the expected answer is "never obligated, never served," and it is provable from public law: he arrived 30 Jan 1923, four years after the last WWI registration; there was no US draft at all between 1918 and 16 Sept 1940; the 1940 Act required registration only of men 21–35 (he was 58); and the "Old Man's Registration" that did cover his age group was held 27 Apr 1942 — six months after he died. Favourable, because it also forecloses the separate Art. 11 ground of losing citizenship by serving in a foreign army. Full step-by-step, identity pitfalls, apostille route and costs: see NOTE_Military_Records_HOWTO.txt in the documents folder. Discuss with counsel before ordering (double-edged, and the office's acceptance of a "no record" letter is unconfirmed), then order early — 2–4 months end to end. | NARA / NPRC · Selective Service System | varies | 2–6 mo |
| Next 2 weeks | Engage a Polish citizenship attorney | Brief them with the Overview + Legal Theory + the primary sources in sources/. Get their read on the Elias-1928 issue before paying for apostilles — and hand them the audit's counsel questions (see Legal Theory §06). | $2k–5k | 1 wk |
| After attorney | Apostille every US vital record | dos.ny.gov/apostille-or-certificate-authentication for NY docs ($10 each); US Dept. of State for federal/USCIS docs. NYC records need the exemplification letter first — already obtained for both new death certs. | $10–20 each | 1–4 wk |
| After apostille | Sworn Polish translations of the US documents selected by the attorney (typically 15–25 pages, not the whole file) | Requires a sworn translator of English (tłumacz przysięgły języka angielskiego) — note: Pajączkowska is sworn for Russian (she did the Ostrów records) and cannot certify the English documents; your attorney will have an English-sworn translator. Translate the apostilled versions, so the apostille is translated too. (Corrected 29 Jul 2026.) | $30–60/pg | 2–4 wk |
| When complete | File the wniosek with the Mazowieckie Voivode | Directly, via Polish Consulate NY, or via attorney with PoA. If denied: appeal first to the Interior Ministry (MSWiA, 14-day deadline), then to WSA Warszawa. | PLN 277 stamp duty (raised from 58 on 1 Aug 2025, Dz.U. 2025 poz. 921; due even if refused per the Mazowieckie office) + PLN 17/PoA + ≈USD 118 if filed via a US consulate (from 1 Jan 2026) + atty | 6 mo statutory term; longer in practice |
Use these when you submit the Index Search Request for your great-great-grandmother at genealogy.uscis.dhs.gov.
| Form field | Value to enter |
|---|---|
| Subject's name | Basza Sura Tofel (also: Bessie Weingart, Basza Weingart, Basha Weingart) |
| Date of birth | 20 July 1882 (also recorded as 8 July 1882, Old Style) |
| Place of birth | Ostrów Mazowiecka, Poland (Russian Partition at the time of birth) |
| Date of US arrival | 28 August 1928 |
| Vessel | SS Paris (departed Le Havre 22 Aug 1928) |
| Port of entry | New York |
| Address(es) in US | Brooklyn, NY (per 1930 + 1940 US Census) |
| Spouse | Elias Weingart (Ela Wajngort) — naturalized 23 May 1928, Supreme Court, Bronx County, NY; Certificate of Naturalization No. reads 2554090 (petition #69730 on file). Died 15 Oct 1941, Brooklyn (cert #20004 on file). |
| Children (US) | Phillip (Froim Fiszel, b. 30 Jun 1907 per the 1928 petition), Tillie (Trajna, b. 1 May 1910), Gertrude (Gita, b. 10 Apr 1912), Berek / Ben (b. 26 Mar 1914) |
| Death date | 29 April 1973, Brooklyn, NY — per NYC death certificate #156-73-307758 (on file). Last address 1781 East 17th Street, Brooklyn. |
| Reason for request | Confirmation of any naturalization record (or absence thereof) for use in a Polish citizenship-by-descent application before the Mazowieckie Voivode. |
| Office | Contact |
|---|---|
| USCIS Genealogy Program | Genealogy.USCIS@uscis.dhs.gov · reference case GEN-10319396 if relevant |
| NARA NYC (Kelly McAnnaney) | kelly.mcannaney@nara.gov · 212-401-1620 |
| NY State Vital Records (non-NYC events only) | health.ny.gov/vital_records — excludes the five boroughs; for NYC records use NYC DOHMH (deaths 1949+), Municipal Archives/DORIS (older records), or the City Clerk (marriages) |
| NY County Clerk | nycourts.gov (for Bronx Co. naturalization records) |
| NY Naturalizations index | nynaturalizations.com (for Elias's full Bronx Co. file) |
| Polish State Archives | szukajwarchiwach.gov.pl (for any additional Ostrów records) |
| Mazowieckie Voivode | gov.pl/web/uw-mazowiecki (filing authority — or via Polish Consulate NY) |