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Protected Case File

Wajngort → Diaz — Polish Citizenship by Descent

Polish Citizenship by Descent · Lineage Map

Documented facts only

Five generations from Ostrów Mazowiecka to North Hempstead. Each card cites the specific file in your folder that supports every fact on it. Legal interpretation is excluded from this page — see Legal Theory of the Case.


Subject
Elijah Michael Salome-Diaz
Lineage
Great-grandfather route — Berek Lejb Wajngort, Ostrów Mazowiecka
Drafted
14 April 2026
01

Conventions & open questions

How to read this page

PL An official document on file states Polish citizenship (the pill does not assert current legal status).

US US citizen (documented).

? Status unknown — see open questions below.

marks the great-grandfather — the Polish-born ancestor in the chain.

?1 through ?7 reference the open questions below.

Open factual questions

  1. ?1 — Did Bessie Weingart ever naturalize US? (USCIS G-1041 pending)
  2. ?2 — Was Elias subject to active Polish military service obligation in May 1928? The 1905 Russian-era draft summons and 1912 passport refusal (per Pajączkowska Rep. 131/2023 residence book) are now on file. Whether those carry over into Polish military obligation under the 1924 Act is a legal question for counsel.
  3. ?3 — Death dates and certificates for Berek [RESOLVED 15 Apr 2026 — d. 19 Jan 1983, FL], Bessie [RESOLVED 29 Jul 2026 — d. 29 Apr 1973, NYC cert #156-73-307758 + exemplification on file], Elias [RESOLVED 29 Jul 2026 — d. 15 Oct 1941, NYC cert #20004 + exemplification on file], and Eliot Sr. (still open).
  4. ?4 — Marriage certificate: Berek + Marjorie Lazare (her maiden name now confirmed)
  5. ?5Marriage certificate: Eliot Sr. + Irma Salome [RESOLVED 15 Apr 2026 — N/A. Eliot Sr. and Irma never married. Raises separate paternity-establishment question for the 1974 BC, flagged in Legal Theory.]
  6. ?6 — Father's DOB — BC long-form vs court-order discrepancy (4/26 vs 4/30 1974)
  7. ?7Marjorie's maiden surname [RESOLVED 15 Apr 2026Lazare per Berek's 1983 FL death cert]
02

The chain, generation by generation

Generation 1 · Great-great-grandparents
Elias Weingart
also: Ela Wajngort · Eliad Weingard (per US Decl. of Intention)
Born
14 Oct 1882, Ostrów (per Polish State Archives certified birth #142/1889, O-P.6342.239.2022, now in folder)
Born (alt.)
5 Jan 1885, "Lumzig" (Łomża), Russia (per his 1923 Declaration and 1928 Petition — an earlier note here said 1889; corrected against the actual documents 29 Jul 2026. Contradicted by the Polish primary record, which the file treats as controlling)
Died
15 Oct 1941, Israel Zion Hospital, Brooklyn — acute coronary occlusion (certified NYC death cert #20004 + Municipal Archives exemplification on file, received Apr 2026 / filed 29 Jul 2026. Cert lists father "Hyman Weingart" — matches Chaim Pejsach Wajngort of birth #142/1889 under standard anglicization. Age given as "58" is an informant approximation; the Polish record's 14 Oct 1882 birth date controls. Citizenship at death: "U.S.A." — consistent with his 1928 naturalization.)
Arrived US
30 Jan 1923, SS La Bourdonnais, Ellis Island (per the Certificate of Arrival in the naturalization file — corrects the earlier "La Touraine")
Naturalized
23 May 1928, Supreme Court, Bronx County (petition #69730, filed 16 Feb 1928; the 1923 Declaration was NY County) · Cert. # reads 2554090 (read from the admission order 29 Jul 2026; confirm against the C-file)
1928 Petition
Lists wife Bessie (b. "20 June 1882", Russia) and 4 children — Trajna (1 May 1910), Gita (10 Apr 1912), Berek (26 Mar 1914), Philip (30 Jun 1907, residing NY) — all born in Poland; wife and the three younger children recorded as "res. in Czechoslovakia" in Feb 1928 (unexplained — disclose to attorney; see Berek's certificate note below)
Occupation
Blacksmith (per Decl. of Intention); also szames / butcher / kowal across various Ostrów civil-register entries
Spouse
Bessie / Basza Sura Tofel (m. 2 Mar 1905 Ostrów, civil-register act #5/1905 — certified original in folder)
Military
Summoned to 1905 draft (Russian-era); passport refused 1912 (per residence-book annotation, State Archives reproduction in folder)
PL US naturalized 23 May 1928
Sources in folder:
05/1923-1928_NaturalizationFile_EliasWeingart...pdf
06/2024-04_NARA-Email-Thread...pdf
Desktop/"Polish Citizenship Documents"/Elias_Weingart_Death_1941/ (added 29 Jul 2026)
Bessie Weingart
née Basza Sura Tofel · also: Basza, Basha
Born
20 Jul 1882, Ostrów (per Polish birth record #46/1889: 8/20 July 1882 OS/NS. Elias's 1928 Petition wrote "20 June 1882" — minor variant; the Polish record controls)
Died
29 Apr 1973, at home, 1781 East 17th St, Brooklyn — age 90, widowed (certified NYC death cert #156-73-307758 + DOHMH exemplification + order receipt on file, received Apr 2026 / filed 29 Jul 2026. Cert lists father "Philip Toffel", mother "Frieda" — matching Froim Fiszek Tofel and Frejda née Jałowiec of birth #46/1889 under standard anglicization. "45 years" NYC residence ≈ 1928 arrival. Buried Beth David Cemetery, Elmont, 30 Apr 1973 — the same cemetery as Berek. Informant: son Philip Weingart.)
Arrived US
28 Aug 1928, SS Paris (Le Havre → NY), age 46
Naturalized US
Date unknown ?1 — G-1041 search to be filed. Her 1973 cert reports "US" citizenship at death (informant-entered, undated): an eventual naturalization is likely, but the decisive question — before or after 26 Mar 1932 — is open.
Spouse
Elias (m. 2 Mar 1905, Ostrów per Status Report)
Addresses
Brooklyn, NY (per 1930 & 1940 US Census)
PL ?
Sources in folder:
Email thread to NARA (cited in 06/2024-04...pdf)
Status Report
Desktop/"Polish Citizenship Documents"/Bessie_Weingart_Death_1973/ (added 29 Jul 2026)
— married —
2 March 1905, Ostrów
4 children listed in Status Report: Phillip (Froim Fiszel; b. 10 Jul 1906 per Ostrów record #101 / Rep. 135/2023, "30 June 1907" per the 1928 petition — already residing NY by Feb 1928) · Tillie (Trajna, b. 1910) · Gertrude (Gita, b. 1912) · Berek (b. 1914) ★
Corroboration (inference): the informant on Bessie's 1973 death certificate is "Philip Weingart, son" of 2620 East 13th St, Brooklyn — consistent with Phillip/Froim Fiszel surviving in Brooklyn. Not yet confirmed by a document linking the two names.
Generation 2 · Great-grandfather — the Polish anchor
Berek Lejb Wajngort
Anglicised: Ben (Benjamin) Weingart · the Polish-born ancestor in the chain
Born
26 Mar 1914, Ostrów (consistent across Visa Index Card V-1331441, USCIS GEN-10319396 result, 1940 US Census, Status Report — and his father's sworn 1928 Petition, which lists "Berek, 26 March 1914", born Poland)
Arrived US
28 Aug 1928, SS Paris from Le Havre, age 14, with mother and sisters
Visa file
V-1331441 · Immigrant Identification Card states nationality: Polish, color of eyes brown
US naturalization
NO RECORD FOUND · NARA NY courts 1824–1975 + USCIS Genealogy Index Search both negative · per Berek's 1983 FL death cert, citizen of "U.S.A."
Died
19 January 1983, Florida Medical Center, Lauderdale Lakes, Broward Co., FL · age 68 · myocardial infarction · State File #83-001278
Residence at death
91 F. Hastings, West Palm Beach, Palm Beach Co., FL
Buried
Beth David Cemetery, Elmont, NY · Levitt-Weinstein Memorial Chapel
Spouse
Marjorie Lazare (née) — confirmed per 1983 FL death cert (informant Marjorie Weingart). Marriage date TBD ?4. Per Eliot Sr.'s 1944 BC, Berek was 30 and a "Manufacturer"; per 1983 death cert, "Belt Manufacturer" in the Garment Industry.
Certificate note
State of birth listed on FL death cert as "Czechoslovakia" — contradicted by primary Polish birth record #18/1914 Ostrów, which controls. Update 29 Jul 2026: this is no longer just an informant slip — Elias's 1928 Petition also records the wife and children (Trajna, Gita, Berek) as born in Poland but "res. in Czechoslovakia" in Feb 1928. Whether the family actually spent time in Czechoslovakia before sailing from Le Havre in Aug 1928, or a clerk erred, is unresolved — disclose to the attorney. Birthplace remains Ostrów per the birth record.
PL Polish from birth via Polish father; Polish nationality contemporaneously stated on US arrival.
Sources in folder:
01/1928_VisaIndexCard_BerekWeingart_V-1331441...pdf · 01/1983-01-19_DeathCert_BerekBenWeingart_LauderdaleLakes_FL...pdf · 05/2024-04-18_NARASearchLetter...pdf · 05/2025-12-02_USCIS-GenealogySearchResult...pdf · 02/1944-08-02_BirthCert_EliotWeingartI...pdf
Marjorie Weingart
née Lazare — confirmed by Berek's 1983 FL death cert (Status Report's "Wexler" was incorrect). · spouse of Berek
Born
≈1916, USA (age 28 in 1944 per son's BC — corrected 29 Jul 2026; the earlier "age 30" was Berek's age on that certificate)
Married
Date TBD
US
Generation 3 · Grandfather
Eliot Weingart Sr.
grandfather
Born
2 Aug 1944, 1:02 a.m., Israel Zion Hospital, Brooklyn, Kings County, NY
Cert #
28471, City of NY
Parents
Ben Weingart (age 30, b. Poland, occ. Manufacturer) + Marjorie (age 28, b. USA, occ. Housewife)
Partner
Irma Salome — NEVER MARRIED to Eliot Sr. Eliot Lazare Weingart II (b. 1974) was born out of wedlock. Paternity established by Eliot Sr.'s name appearing on Eliot II's BC. Polish-law implication: triggers paternity-establishment analysis under the 1962 Polish Citizenship Act for the 1974→1995 generation link. See Legal Theory open question L-new.
Died
Unknown ?3
US
Source: 02/1944-08-02_BirthCert_EliotWeingartI_Brooklyn_Cert28471.pdf
Generation 4 · Father
Eliot Lazare Weingart II
post-1995: Eliot Lazare Salome Diaz (court order N-298/1995)
Born
26 Apr 1974, Queens, NY (per BC + name-change order — Elijah's BC long-form variant notes 4/30 vs 4/26; ?6)
Cert #
156-74-406386, City of NY
Parents
Eliot Weingart + Irma Salome
Name change
Signed 13 Oct 1995, effective 22 Nov 1995, Civil Ct., Queens Co., NY
Spouse
Jessenia Joann Mendez (per Elijah's BC)
US
Sources: 03/1974-04-30_BirthCert...pdf · 03/1995-10-13_NameChangeOrder...pdf
Generation 5 · You
Elijah Michael Salome-Diaz
you — applicant
Born
4 Mar 1995, 10:39 a.m., North Shore University Hospital, North Hempstead, NY
Parents
Eliot L. Salome-Diaz + Jessenia Joann Mendez
Cert
NY State long-form, Local Reg. 871, transcript issued 26 Aug 2008
Address
846 Adams Street, Baldwin, NY 11510
US PL by descent — claim pending; depends on resolution of open questions and statutory analysis
Source: 04/1995-03-04_BirthCert_ElijahMichaelSalomeDiaz...pdf