Polish citizenship based on documents from the USA
Polish citizenship can be proven on the basis of documents from the USA, as long as they are based on documents from Poland, and not only on the statements of ancestors.
The Supreme Administrative Court in its judgment of 21 January 2025 (II OSK 956/22) presented a line of case law presenting the view that the key circumstance for resolving this case may result not only from direct evidence, but also from indirect evidence (including the judgment of the Supreme Administrative Court of 20 June 2012, II OSK 1231/11, LEX No. 1216721). Indirect evidence in the court's understanding is, for example, foreign documents prepared on the basis of Polish documents. However, foreign documents cannot constitute a basis for confirming Polish citizenship if they were prepared on the basis of oral statements of the interested persons. In such a case, according to the court, these are derivative documents that were not prepared based on source documents.
In the case in question, the Court found that the American marriage license and declaration of intent were prepared solely on the basis of the statements of the person concerned and the information provided by him was not subject to any verification, as evidenced by the discrepancy in the date of birth found in two different American documents. Therefore, such documents can only constitute an indication that such an event may have taken place, but such a circumstance should be verified by appropriate official documents.
In the case concluded with the judgment of the Supreme Administrative Court of 20 June 2012, II OSK 1231/11, LEX no. 1216721, the evidentiary value of - a certified copy of the applicant's father's identification card issued on 13 October 1947 by the Office of the Military Administrator - USA zone in Germany and a certified copy of the applicant's father's French identity and travel document issued on 19 February 1948, a certified copy of the ŻIH card were denied. The provincial court found that the body had correctly noted that such documents were completed not on the basis of other documents, but oral statements.
