Wajngort → Diaz — Polish Citizenship by Descent
Procedural path only. Costs and timelines are approximate and should be re-verified at filing time. Legal-substantive questions are addressed in Legal Theory of the Case.
Long lead-time items are the bottleneck — USCIS genealogy requests currently average ~9–10 months. File them immediately so the clock starts.
Dates any US naturalization by Bessie — the single most material open factual question. (Her 1973 death cert, on file, reports "US" citizenship — informant-entered and undated.)
File at: uscis.gov/g-1041
Full visa file may contain additional pages confirming Polish nationality on entry — and documents the lawful admission that triggered Section 5 derivation.
File at: uscis.gov/g-1041a
Closes the record at each generation. NYC-borough records come from NYC offices (City Clerk / Municipal Archives / DOHMH), not NY State.
File at: nyc.gov (Municipal Archives / DOHMH / City Clerk) · archives.gov (manifest)
Filed at 01/2022-05-27_PolishArchives_CertifiedOriginals_8records...pdf. Content transcribed into Polish Archive Records.
When (if ever) did Bessie naturalize US?
Answer arrives ~9–10 months after G-1041 filing. Her 1973 death cert's "US" entry (informant-reported, undated) makes outcome A less likely but does not decide between B and C.
Bessie never naturalized US
Mother retained Polish citizenship throughout.
→ broadest set of legal arguments available to attorney
Naturalized after Mar 1932
Berek already 18; mother-route argument less critical.
→ rely on minor-incapacity + jurisdiction arguments; military-paradox as supplementary
Naturalized before Mar 1932
Both parents lost PL while Berek was minor.
→ case rests on minor-incapacity + jurisdiction arguments (Berek never voluntarily "obtained" US citizenship; US law has no authority over Polish citizenship)
Note (29 Jul 2026): the Mar 1932 boundary uses Art. 13's under-18 text. Interwar Polish civil majority was 21 — if that governs instead, the boundary moves to Mar 1935 (Berek's 21st birthday). The operative threshold is for Polish counsel to fix; see Legal Theory §06.
Attorney specialising in potwierdzenie obywatelstwa.
Brief them with: Overview · Legal Theory of the Case · the sources/ primary texts · USCIS results · vital records (incl. the two certified death-record packages received Apr 2026).
Get their read on: (1) Elias-1928 derivation issue · (2) viability of minor-incapacity + jurisdiction arguments · (3) mother-route strength based on Bessie's USCIS result · (4) military-paradox as supplementary (Russia problem) · (5) recommended forum and argument structure.
Cost: $2,000–5,000 flat, typical (verify with each attorney).
Gate: do not move to the apostille / translation phase until the attorney confirms case viability.
Order matters: apostille first, then translate.
Request for confirmation of possession of Polish citizenship.
Authority: Mazowieckie Voivode (default for non-resident applicants per Master Guide; confirm with attorney).
Statutory basis: Article 55 of the Act of 2 April 2009 on Polish Citizenship (per Master Guide; confirm primary text).
Filing route: directly (post, with copies certified by a Polish notary or consul) · via Polish Consulate NY (adds the consular fee) · via Polish attorney with PoA — pick with attorney. The Voivode's PoA for a confirmation case does not require notarised signature; if you have no EU domicile and act without an attorney or consul, a Polish service address (pełnomocnictwo do doręczeń) is required.
Timing (statute, updated 30 Jul 2026): art. 10 ust. 3a of the 2009 Act — added by the Act of 25 June 2025, in force 1 Aug 2025 — sets a 6-month term from the day the application reaches the Voivode. It is a ceiling on the authority, not a promise: time spent waiting on archives, consulates or other offices is excluded, and the Mazowieckie office publicly states that a surge in applications is causing delays beyond the term. The longer term also applies to cases already pending on 1 Aug 2025.
Government stamp duty: PLN 277 per confirmation decision — raised from PLN 58 effective 1 August 2025 by the Act of 25 June 2025 (Dz.U. 2025 poz. 921, art. 2; Stamp Duty Act Annex Part I item 27). Plus PLN 17 per power of attorney (waived for a spouse, parent/grandparent, child/grandchild or sibling). Filing through a Polish consulate in the US adds a consular fee, raised to EUR 100 / ≈USD 118 from 1 January 2026 (Dz.U. 2025 poz. 1523) — filing directly with the Voivode avoids it. Note: the Mazowieckie office states the stamp duty is due regardless of outcome, including a refusal or discontinuance (MSWiA's page suggests a refund may be sought — the two conflict; budget as non-refundable). Verified against the statutes 30 July 2026; re-verify at filing time.
Approved or denied
Decision confirming Polish citizenship
→ apply for Polish passport via the Polish Consulate NY (separate procedure)
Appeal: Interior Ministry (MSWiA) first, then WSA Warszawa
→ a negative Voivode decision goes to the Minister of Interior and Administration (14-day deadline), and only then to WSA Warszawa; if that fails, consider 2009 Act Chapter 5 restoration as alternative route