Wajngort → Diaz — Polish Citizenship by Descent
Confirmation of possession of Polish citizenship (Art. 55, Act of 2 April 2009) — applicant Elijah Michael Salome-Diaz, great-grandfather route via Berek Lejb Wajngort of Ostrów Mazowiecka. Research support prepared by the family; not legal advice. Exhibit numbers (E1–E25) refer to the document set that accompanies this file; deeper analysis is linked per section.
The applicant seeks confirmation of Polish citizenship by descent from his great-great-grandfather Elias Weingart (Ela Wajngort) and great-grandfather Berek Lejb Wajngort, both born in Ostrów Mazowiecka (Russian Partition). The vital-records chain across five generations is complete and certified [E1–E7], with eight certified Ostrów civil-register records [E12] and stamped sworn translations [E13].
The case turns on 1928. Elias naturalized US on 23 May 1928 (Supreme Court, Bronx County) [E8]; his wife Bessie and children Trajna, Gita and Berek (then 14) arrived in New York on 28 Aug 1928, whereupon Berek automatically derived US citizenship under Section 5 of the US Act of 1907 [E18]. On a mechanical reading of Arts. 11 and 13 of the 1920 Act [E15], the chain would break. Three arguments are presented against that result (§04) — the family regards the Art. 11 military-service proviso applied to Elias (male, 45, within the 1924 Act's 17–50 duty, documented Russian-era draft history, no release on record) as the priority question for counsel — a re-framing dated 29 Jul 2026; earlier analysis ranked it supplementary (see §06, "Argument ranking history") — with the mother-route (pending USCIS search) and minor-incapacity arguments as companions. The file's known weaknesses are disclosed in §06 rather than left for discovery.
| G | Person | Key facts | Citizenship posture | Exhibits |
|---|---|---|---|---|
| 1 | Elias Weingart (Ela Wajngort) ∞ Bessie (Basza Sura Tofel), m. 2 Mar 1905 Ostrów | He: b. 14 Oct 1882 Ostrów (Polish record; see §06), blacksmith, emigrated 1923, naturalized US 23 May 1928, d. 15 Oct 1941 Brooklyn. She: b. 8/20 Jul 1882 Ostrów, arrived 28 Aug 1928, d. 29 Apr 1973 Brooklyn, widowed. | Both Polish under the 1920 Act. His 1928 US naturalization is the contested loss event; her naturalization date unknown (G-1041 pending). | E6 E7 E8 E12 E13(132–134) |
| 2 | Berek Lejb Wajngort ★ (Ben Weingart) ∞ Marjorie Lazare | b. 26 Mar 1914 Ostrów; arrived 28 Aug 1928 age 14, nationality POLISH on US Immigrant ID Card; derived US citizenship automatically at admission; no personal naturalization record found (two federal searches); d. 19 Jan 1983 FL. | Polish from the 1920 Act; whether he lost in 1928 (via father, or via his own derivative acquisition) is the case. | E5 E9 E10 E11 E13(138) |
| 3 | Eliot Weingart Sr. | b. 2 Aug 1944, Brooklyn, to Ben Weingart + Marjorie. Never married Irma Salome. Death cert not yet obtained. | If Berek retained: Polish by descent at birth (1920 Act era). | E4 E23 |
| 4 | Eliot Lazare Weingart II → Salome Diaz | b. Apr 1974, Queens, out of wedlock; father named on birth certificate; name changed 1995. | 1962 Act governs; paternity-establishment question (§05 Q7). | E2 E3 |
| 5 | Elijah Michael Salome-Diaz (applicant) | b. 4 Mar 1995, North Hempstead, NY, to Eliot L. Salome-Diaz + Jessenia Mendez. | 1962 Act; standard descent if G4 established. | E1 |
Identity bridge between US and Ostrów records: Elias's 1941 certificate names father "Hyman Weingart" = Chaim Pejsach Wajngort [E6/E13 Rep.132]; Bessie's 1973 certificate names father "Philip Toffel", mother "Frieda" = Froim Fiszek Tofel + Frejda née Jałowiec [E7/E13 Rep.133] — standard anglicizations (inference). Full source-cited tree: Lineage.
| Date | Event | Exhibits |
|---|---|---|
| 14 Oct 1882 | Elias (Ela Wajngort) born, Ostrów — per late-registered act #142/1889; residence book says "per protocol 1884"; his US papers say 5 Jan 1885 (§06) | E12 E13(132) E14 |
| 8/20 Jul 1882 | Bessie (Basza Sura Tofel) born, Ostrów — act #46/1889 (late registration) | E12 E13(133) |
| 2 Mar 1905 | Civil-register marriage, act #5/1905, Ostrów (rabbi as registrar; both spouses illiterate — consistent with the X-mark signatures on Elias's US Declaration and Petition [E8]) | E12 E13(134) |
| 1905 | Residence-book red-ink entry: Elias summoned/taken into military service, 1905 draft (certified re-reading request prepared, to be sent — E25 reserved) | E13(131) E14 |
| 10 Jul 1906 / 1 May 1910 / 10 Apr 1912 | Children born, Ostrów: Froim Fiszel (Philip), Trajna (Tillie), Gita (Gertrude) | E12 E13(135–137) |
| 5 Nov 1909? | Second red-ink entry, partially legible: "Enrolled…" with pencil date 5/XI 1909 — sworn translation marks it illegible; re-reading request prepared (E25 reserved) | E14 E25 |
| 1912 | Residence-book note: passport NOT issued to Elias (incoming journal No. 341 of 1912) | E13(131) E14 |
| 26 Mar 1914 | Berek Lejb Wajngort born, Ostrów — act #18/1914; also sworn to by his father on the 1928 US petition | E12 E13(138) E8 |
| 31 Jan 1920 | 1920 Citizenship Act in force — family settled in Ostrów acquires Polish citizenship (Art. 2) | E15 |
| 30 Jan 1923 | Elias arrives New York, SS La Bourdonnais, Ellis Island (no Polish military release on record before emigration) | E8 |
| 3 Mar 1923 | Declaration of Intention No. 303724, Supreme Court, NY County (DOB stated 5 Jan 1885, "Lumzig") | E8 |
| 16 Feb 1928 | Petition for Naturalization #69730 filed, Supreme Court, Bronx County; lists wife + 4 children incl. Berek (26 Mar 1914, b. Poland); wife and 3 younger children recorded "res. in Czechoslovakia" (§06) | E8 |
| 23 May 1928 | Elias admitted to US citizenship, Bronx Co. Sup. Ct.; Certificate of Naturalization reads No. 2554090. Age 45 — within the 1924 Polish Act's 17–50 military-duty range. THE CONTESTED LOSS EVENT. | E8 E15 |
| 28 Aug 1928 | Bessie, Trajna, Gita and Berek (14) arrive New York, SS Paris (Le Havre). Berek's Immigrant ID Card V-1331441 states nationality POLISH. By operation of Section 5 of the 1907 Act, Berek derives US citizenship automatically at admission. | E9 E18 E21 |
| 26 Mar 1932 / 26 Mar 1935 | Berek turns 18 / 21 — the alternative Art. 13 cut-off dates for the mother-route argument (§05 Q3) | E15 |
| 15 Oct 1941 | Elias dies, Brooklyn (cert #20004; "citizen of USA"; father "Hyman Weingart") | E6 E6a |
| 2 Aug 1944 | Eliot Weingart Sr. born, Brooklyn (#28471), to Ben Weingart + Marjorie | E4 |
| 29 Apr 1973 | Bessie dies, Brooklyn (#156-73-307758), widowed; "US" citizen per informant (undated — G-1041 will fix the date); buried Beth David, Elmont | E7 E7a |
| Apr 1974 | Eliot Lazare Weingart II born, Queens (#156-74-406386), out of wedlock; father named on certificate | E2 |
| 19 Jan 1983 | Berek dies, FL (#83-001278); no naturalization record of his own ever found; cert lists "U.S.A." citizenship and birth state "Czechoslovakia" (§06); buried Beth David, Elmont | E5 E10 E11 |
| 1995 | Name change Weingart→Salome Diaz (N-298/1995); Elijah born 4 Mar 1995 | E1 E3 |
| 2022–2023 | Polish State Archives certified reproductions (case O-P.6342.239.2022); sworn translations Rep. 131–138/2023 | E12 E13 |
| 2024–2025 | NARA + USCIS searches: no naturalization by Berek; NARA locates Elias's 1928 naturalization (Bronx) | E10 E11 |
| Apr–Jul 2026 | Certified death records for Elias and Bessie obtained with exemplification letters; full documentary audit and corrections (29 Jul 2026); high-res Russian originals filed | E6 E7 E14 |
The issue. Art. 11 of the 1920 Act provided automatic loss of Polish citizenship on acquiring foreign citizenship; Art. 13 extended a husband/father's loss to his wife and children under 18. Two potential loss events must both be overcome: (a) Elias's naturalization of 23 May 1928 extending to Berek via Art. 13, and (b) Berek's own automatic derivative acquisition of US citizenship on 28 Aug 1928 under Section 5 of the 1907 Act [E18]. Verified texts: [E15]; full analysis: Legal Theory.
Argument I · Art. 11 military-service proviso — priority question (re-framed 29 Jul 2026) strongest if confirmed
Art. 11's final clause: persons obligated to active military service acquire foreign citizenship effectively only after a service release; otherwise Poland continues to regard them as Polish citizens. Elias was 45 in May 1928 — within the 17–50 obligation of the Act of 23 May 1924 (Dz.U. 1924 nr 61 poz. 609; range per practitioner sources, primary text for counsel) — and no release appears in any record. Corroboration: 1905 draft entry (possible reading "taken into service"), partially legible 1909 enrollment entry, 1912 passport refusal [E13(131) E14 E25]. If the proviso held Elias, Art. 13 had nothing to extend: Berek and Bessie never lost.
For counsel: does the age-based statutory duty suffice (emigrated 1923; no record of registration under the Polish military system), and what proof of "no release" will the office expect? The same proviso logic applied to Berek (male, below service age at his 1928 acquisition, later never served/released) is the companion question for loss event (b) — whether offices extend the proviso to derivative acquisition by a minor appears unsettled; counsel to advise.
Argument II · Mother-route under Art. 13 awaiting E24 (G-1041)
Under the US Cable Act of 1922, Bessie did not derive US citizenship from Elias's 1928 naturalization; she remained an alien until any naturalization of her own. Her 1973 death certificate reports "US" citizenship (informant-entered, undated) [E7], so an eventual naturalization is likely — the question is whether it predates Berek's 18th birthday (26 Mar 1932) or 21st (26 Mar 1935), see §05 Q3. The USCIS index search (G-1041) will date it [E24].
For counsel: the mechanism — a child following a still-Polish mother despite the father's loss — is not yet supported by a cited authority in this file, and II OSK 2316/19 points the other way (loss through the father at his loss). Candid assessment requested.
Argument III · Minor incapacity / involuntary acquisition weakened by audit — still arguable
Berek performed no act: US citizenship attached by operation of law at admission; his contemporaneous US card says POLISH [E9]; two federal searches found no naturalization of his own [E10 E11]. The reasoning of MoI Circular No. 18 (1925) — minors cannot lawfully relinquish — supports this by analogy only: its documented scope is US-born (jus soli) children, and the practitioner claim that it is "still observed" is uncited to primary practice. Disclosure: an earlier draft of this file cited NSA II OSK 2316/19 as supporting authority; on reading the full judgment (29 Jul 2026) it does not support the argument and partially cuts against it. See the correction boxes in Legal Theory §4c.
| Item | Facts | Assessment |
|---|---|---|
| Elias's date of birth | 14 Oct 1882 (act #142/1889, late registration) · "per protocol 1884" (residence book) · 5 Jan 1885 (his US Declaration + Petition) | File treats the Polish civil act as controlling; the ~1884/1885 cluster in other records should be explained via the late-registration practice. Identity is corroborated independently by the father's name (Chaim Pejsach ↔ "Hyman"). |
| Bessie's date of birth | 8/20 Jul 1882 (act #46/1889) · "20 June 1882" (Elias's 1928 petition) | Minor informant variance; Polish act controls; parents' names corroborate identity. |
| "Czechoslovakia" | 1928 petition: wife + 3 children "res. in Czechoslovakia"; 1983 FL death cert: Berek's birth state "Czechoslovakia" | Unexplained residence entry (possibly clerk error or transit); birthplace is documentary (Ostrów). Disclosed for counsel rather than argued away. |
| Eliot II's date of birth | 26 Apr 1974 per his birth certificate and the 1995 court order; a "30 Apr" variant appears in Elijah's long-form BC records and in the archived file's name | Open; reconcile the three documents once (E1, E2, E3). Does not affect the Polish-law questions. |
| Argument ranking history | The Art. 11 proviso argument was ranked supplementary on 16 Apr 2026 because its then-cited evidence (1905 draft, 1912 passport refusal) is Russian Imperial, while Art. 11 concerns Polish military obligation. This Brief re-presents it (29 Jul 2026) as the priority question resting instead on Elias's age-based duty under the 1924 Polish Act (45 in May 1928; no release on record), with the Russian-era entries as corroboration of his military history | The Russian-vs-Polish limitation of the corroborating documents remains real and is not hidden; the deeper pages retain their dated downgrade boxes as the audit trail. Whether the age-based framing carries is precisely §05 Q1 — sequencing is counsel's decision. |
| Elias's 1941 certificate | Age given "58" (b. 1882 → 59); occupation "iron worker" vs blacksmith | Informant approximations; consistent within tolerance. |
| Court of record history | Working label was "NY County Sup. Ct."; the petition caption shows Bronx County for the 1928 naturalization (Declaration 1923 was NY County) | Resolved 29 Jul 2026 from the petition [E8]. |
| Withdrawn citation | NSA II OSK 2316/19 was previously cited as supporting Argument III | Corrected 29 Jul 2026 after reading the primary text; correction boxes remain visible in Legal Theory / Overview. |
| Berek's 1983 certificate | Citizenship "U.S.A." (informant-entered) | Consistent with the involuntary-derivation analysis; not evidence of any voluntary act. |
Working copies are held locally by the applicant (folder "Polish Citizenship Documents", with a full index file); paper originals control. Public legal texts (E15–E20) are downloadable from this site's sources/ folder via the index page.
| No. | Description |
|---|---|
| E1 | Elijah Salome-Diaz — NY State birth certificate (1995, Local Reg. 871) |
| E2 | Eliot Lazare Weingart II — NYC birth certificate #156-74-406386 (1974) |
| E3 | Name-change order, Queens Civil Ct. N-298/1995 (Weingart → Salome Diaz) |
| E4 | Eliot Weingart Sr. — NYC birth certificate #28471 (1944) |
| E5 | Berek (Ben) Weingart — Florida death certificate #83-001278 (1983) |
| E6 / E6a | Elias Weingart — NYC death certificate #20004 (1941), front + reverse / DORIS exemplification (2026) |
| E7 / E7a / E7b | Bessie Weingart — NYC death certificate #156-73-307758 (1973) / DOHMH exemplification / order receipt |
| E8 | Elias — US naturalization file, single 4-page PDF containing all four components: Declaration No. 303724 (NY Co., 1923); Certificate of Arrival (La Bourdonnais, 1923); Petition #69730 (Bronx Co., 1928); oath + order 23 May 1928. Cert. no. reads 2554090 from the order (the archived filename carried the superseded working number "2557490" — renamed 29 Jul 2026) |
| E9 | Berek — US Dept. of Labor Immigrant Identification Card V-1331441 (28 Aug 1928, nationality POLISH) |
| E10 | NARA search letter (2024): no naturalization by Berek; locates Elias's 1928 naturalization + email thread |
| E11 / E11a | USCIS Genealogy result GEN-10319396 (2025, negative for Berek) / earlier GEN-10275078 response |
| E12 | Polish State Archives certified package O-P.6342.239.2022 — 8 Ostrów records + Director's cover letter (2022) |
| E13 | Sworn translations Rep. 131–138/2023 (Pajączkowska, Toruń, 03.03.2023) — stamped scans, 9 pages |
| E14 | High-resolution scans of the Russian-language originals (14 images incl. residence book p. 449 close-ups) |
| E15 | 1920 Polish Citizenship Act — English text (Dz.U. 1920 nr 7 poz. 44) |
| E16 | 1997 Constitution, Art. 34 — Constitutional Tribunal English text |
| E17 | 2009 Polish Citizenship Act — English translation (Art. 55 procedure) |
| E18 | 8 FAM 301.9 — US State Dept. (Section 5 of the 1907 Act verbatim; 301.9-4 chart) |
| E19 | USCIS Policy Manual Vol. 12, Part H, Ch. 7 |
| E20 | Acheson v. Albert, 195 F.2d 573 (D.C. Cir. 1952) — persuasive authority (decided under the 1934 Act) |
| E21–E25 | Reserved / pending: certified SS Paris manifest (NARA T715) · Berek+Marjorie marriage cert · Eliot Sr. death cert · USCIS G-1041 result for Bessie · certified re-reading of the Rep. 131 red-ink entries |