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Protected Case File

Wajngort → Diaz — Polish Citizenship by Descent

Prepared for counsel review · 29 July 2026

Case Brief

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.


Applicant
Elijah Michael Salome-Diaz, b. 4 Mar 1995, North Hempstead, NY, USA [E1]
Polish anchor
Berek Lejb Wajngort (Ben Weingart), b. 26 Mar 1914, Ostrów Mazowiecka [E13 Rep.138, E9]
Chain
Berek → Eliot Weingart Sr. (1944) → Eliot Lazare Weingart II / Salome Diaz (1974) → Elijah (1995)
Central issue
Effect of Elias Weingart's 23 May 1928 US naturalization (and Berek's own derivative US acquisition, 28 Aug 1928) under Arts. 11 & 13 of the 1920 Act
Status
Document set substantially complete and audited (29 Jul 2026); USCIS G-1041 for Bessie ready to file; counsel engagement is the next step
01

Summary

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.

02

The chain — five generations

GPersonKey factsCitizenship postureExhibits
1Elias Weingart (Ela Wajngort) ∞ Bessie (Basza Sura Tofel), m. 2 Mar 1905 OstrówHe: 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)
2Berek Lejb Wajngort ★ (Ben Weingart) ∞ Marjorie Lazareb. 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)
3Eliot 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
4Eliot Lazare Weingart II → Salome Diazb. Apr 1974, Queens, out of wedlock; father named on birth certificate; name changed 1995.1962 Act governs; paternity-establishment question (§05 Q7).E2 E3
5Elijah 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.

03

Chronology with exhibits

DateEventExhibits
14 Oct 1882Elias (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 1882Bessie (Basza Sura Tofel) born, Ostrów — act #46/1889 (late registration)E12 E13(133)
2 Mar 1905Civil-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)
1905Residence-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 1912Children 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
1912Residence-book note: passport NOT issued to Elias (incoming journal No. 341 of 1912)E13(131) E14
26 Mar 1914Berek Lejb Wajngort born, Ostrów — act #18/1914; also sworn to by his father on the 1928 US petitionE12 E13(138) E8
31 Jan 19201920 Citizenship Act in force — family settled in Ostrów acquires Polish citizenship (Art. 2)E15
30 Jan 1923Elias arrives New York, SS La Bourdonnais, Ellis Island (no Polish military release on record before emigration)E8
3 Mar 1923Declaration of Intention No. 303724, Supreme Court, NY County (DOB stated 5 Jan 1885, "Lumzig")E8
16 Feb 1928Petition 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 1928Elias 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 1928Bessie, 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 1935Berek turns 18 / 21 — the alternative Art. 13 cut-off dates for the mother-route argument (§05 Q3)E15
15 Oct 1941Elias dies, Brooklyn (cert #20004; "citizen of USA"; father "Hyman Weingart")E6 E6a
2 Aug 1944Eliot Weingart Sr. born, Brooklyn (#28471), to Ben Weingart + MarjorieE4
29 Apr 1973Bessie dies, Brooklyn (#156-73-307758), widowed; "US" citizen per informant (undated — G-1041 will fix the date); buried Beth David, ElmontE7 E7a
Apr 1974Eliot Lazare Weingart II born, Queens (#156-74-406386), out of wedlock; father named on certificateE2
19 Jan 1983Berek 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, ElmontE5 E10 E11
1995Name change Weingart→Salome Diaz (N-298/1995); Elijah born 4 Mar 1995E1 E3
2022–2023Polish State Archives certified reproductions (case O-P.6342.239.2022); sworn translations Rep. 131–138/2023E12 E13
2024–2025NARA + USCIS searches: no naturalization by Berek; NARA locates Elias's 1928 naturalization (Bronx)E10 E11
Apr–Jul 2026Certified death records for Elias and Bessie obtained with exemplification letters; full documentary audit and corrections (29 Jul 2026); high-res Russian originals filedE6 E7 E14
04

The legal issue and three arguments

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

Elias could not lose Polish citizenship without a military release — so he never lost it

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)

If Bessie was still Polish at the operative date, Berek arguably retained through her

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

A 14-year-old who never applied for anything did not "obtain" foreign citizenship

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.

Procedural posture if confirmed: wniosek under Art. 55 of the 2009 Act [E17] to the Mazowieckie Voivode (default for non-residents); stamp duty PLN 58; realistic first-instance timeline 12–18+ months; appeal path Minister of Interior → WSA Warszawa.
05

Questions for counsel

  1. Art. 11 proviso — Elias. Does the 1924 Act's age-based duty (he was 45) engage the proviso for a man who emigrated in 1923 with no record of registration under the Polish military system? What evidentiary standard applies to the absence of a release?
  2. Art. 11 proviso — Berek. Does current practice extend the proviso (or the "male not yet released from universal duty" line) to a boy of 14 whose foreign citizenship attached derivatively — the answer to loss event (b)?
  3. Operative age under Art. 13. The verified text says under 18 (→ 26 Mar 1932); interwar civil majority was 21 (→ 26 Mar 1935). Which governs, per current case law (incl. the II OSK 1648/19 line)?
  4. Mother-route mechanism. Is there authority for a child retaining citizenship through a still-Polish mother when the father lost under Art. 11+13? How does II OSK 2316/19 constrain it?
  5. Circular No. 18. Its primary text is not in the file (not in ISAP). Can counsel obtain it, and does its reasoning extend beyond jus soli births in practice?
  6. Case-law scan. Current WSA Warszawa / NSA dockets on derivative foreign naturalization of minors under the 1920 Act — the file's research found none on point, which is stated as "none found," not "none exist."
  7. Paternity, 1974 link. Eliot Sr. and Irma Salome never married; the father is named on the 1974 birth certificate [E2]. Does that acknowledgment satisfy the 1962 Act for transmission, or is a further establishment act needed now?
  8. "Czechoslovakia" entries. The 1928 petition records the wife and three children "res. in Czechoslovakia"; Berek's 1983 FL certificate lists birth state "Czechoslovakia" [E8 E5]. Born-in-Poland is documentary [E12 E13]. Any bearing on the analysis, and how to present it?
  9. Filing strategy. Await the G-1041 result (~9–10 months) before filing, or file on Argument I and supplement? Preferred forum/order of arguments?
  10. Certificate details. The naturalization certificate number reads 2554090 from the court order [E8]; confirm from the C-file if material.
06

Disclosures — known discrepancies, stated up front

ItemFactsAssessment
Elias's date of birth14 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 birth8/20 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 birth26 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 nameOpen; reconcile the three documents once (E1, E2, E3). Does not affect the Polish-law questions.
Argument ranking historyThe 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 historyThe 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 certificateAge given "58" (b. 1882 → 59); occupation "iron worker" vs blacksmithInformant approximations; consistent within tolerance.
Court of record historyWorking 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 citationNSA II OSK 2316/19 was previously cited as supporting Argument IIICorrected 29 Jul 2026 after reading the primary text; correction boxes remain visible in Legal Theory / Overview.
Berek's 1983 certificateCitizenship "U.S.A." (informant-entered)Consistent with the involuntary-derivation analysis; not evidence of any voluntary act.
07

Exhibit index

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
E1Elijah Salome-Diaz — NY State birth certificate (1995, Local Reg. 871)
E2Eliot Lazare Weingart II — NYC birth certificate #156-74-406386 (1974)
E3Name-change order, Queens Civil Ct. N-298/1995 (Weingart → Salome Diaz)
E4Eliot Weingart Sr. — NYC birth certificate #28471 (1944)
E5Berek (Ben) Weingart — Florida death certificate #83-001278 (1983)
E6 / E6aElias Weingart — NYC death certificate #20004 (1941), front + reverse / DORIS exemplification (2026)
E7 / E7a / E7bBessie Weingart — NYC death certificate #156-73-307758 (1973) / DOHMH exemplification / order receipt
E8Elias — 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)
E9Berek — US Dept. of Labor Immigrant Identification Card V-1331441 (28 Aug 1928, nationality POLISH)
E10NARA search letter (2024): no naturalization by Berek; locates Elias's 1928 naturalization + email thread
E11 / E11aUSCIS Genealogy result GEN-10319396 (2025, negative for Berek) / earlier GEN-10275078 response
E12Polish State Archives certified package O-P.6342.239.2022 — 8 Ostrów records + Director's cover letter (2022)
E13Sworn translations Rep. 131–138/2023 (Pajączkowska, Toruń, 03.03.2023) — stamped scans, 9 pages
E14High-resolution scans of the Russian-language originals (14 images incl. residence book p. 449 close-ups)
E151920 Polish Citizenship Act — English text (Dz.U. 1920 nr 7 poz. 44)
E161997 Constitution, Art. 34 — Constitutional Tribunal English text
E172009 Polish Citizenship Act — English translation (Art. 55 procedure)
E188 FAM 301.9 — US State Dept. (Section 5 of the 1907 Act verbatim; 301.9-4 chart)
E19USCIS Policy Manual Vol. 12, Part H, Ch. 7
E20Acheson v. Albert, 195 F.2d 573 (D.C. Cir. 1952) — persuasive authority (decided under the 1934 Act)
E21–E25Reserved / 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