How to Obtain Italian Citizenship by Descent: A Guide for USA Descendants of Italian Emigrants

Obtaining Italian citizenship by descent (also known as jus sanguinis) is a valuable opportunity for descendants of Italian immigrants to reclaim their heritage and gain access to the benefits of Italian and European Union citizenship. In this guide, learn how to obtain Italian citizenship through your great-grandparents, what are the specific requirements to obtain it, what documentation is needed, what are the consular procedures, what are the recent legislative changes proposed in Italy, for the recognition of citizenship by great-grandparents. In essence, the basic requirement is that the line of Italian citizenship must not be interrupted from your great-grandparents to you.

Italian citizenship by descent can be claimed through multiple generations, up to great-grandparents or even beyond in some cases. The main factor is that the line of citizenship must be continuous and uninterrupted. Italian law does not explicitly limit the number of generations, but practical difficulties often arise when proving a connection with ancestors from several generations ago. However, as long as you can document the chain of citizenship from your ancestor to yourself, you can apply for Italian citizenship.

This means that your great-grandparents must have been Italian citizens at the time of your grandparents’ birth, and none of the descendants in this line must have renounced or lost their Italian citizenship before the birth of the next in line. Additionally, if you are applying through the maternal line, the ancestor in question (such as your mother or grandmother) must have been born after January 1, 1948, due to historical restrictions on the transmission of citizenship through female lines.

However, the Italian Constitution recognizes the status of citizens to everyone, even those born before 1948. In this case, if your great-grandmother is Italian and was born before 1948, you must appeal to the Court.

Requirements to Apply for Italian Citizenship by Descent

You can moving to Italy as a Citizen and not only to take a Journey to the heart of Italy, but to live there forever with can eligible for Italian citizenship by descent, if you satisfy certain conditions must be met. This is these are essential to demonstrate a continuous line of Italian nationality from your great-grandparent to yourself:

1. Direct line from an Italian citizen: You must prove that your great-grandparent was an Italian citizen at the time of your grandfather’s birth. The citizenship line must be unbroken, meaning none of your ancestors in this line renounced Italian citizenship before the birth of the next in line.
2. Proof of citizenship status: Your ancestor (great-grandparent) must have retained Italian citizenship and not acquired citizenship of another country before your grandfather’s birth. This requirement is especially important for those whose ancestors emigrated to USA, as naturalization in another country may affect your citizenship rights.
3. Post-1948 rule for maternal descent: if the application is made through a maternal line and your great-grandparent is on your mother’s side, your parent or grandparent must have been born after January 1, 1948. Before this date, Italian law did not allow women to pass on citizenship to their children. However, Italian law provides for the recognition of the transmission of citizenship, even for women born before 1948, but a judgment of recognition must be obtained from the judge.

Documentation Required to Prove Citizenship

One of the most delicate parts of the process is gathering the necessary documentation. To prove your right to Italian citizenship, you will need to gather and submit a series of documents that attest to your lineage:

1. Registry Certificates: You will need to obtain birth, marriage and death certificates for each ancestor in your line of descent, from your great-grandparent to you. These documents can be requested from civil registries in Italy and USA.
2. Naturalization Records: If your great-grandparent moved to USA, you will need to prove that he did not obtain USA citizenship before your grandfather was born. If he did, you will need to verify that the naturalization occurred after the birth of his child, to maintain the citizenship link.
3. Apostilles and Translations: All documents that were not issued in Italy must be legalized with an Apostille, when necessary, and translated into Italian by a certified translator. This step is essential to ensure that the documents are accepted by the Italian consulates.

Consular Procedures for Applying for Citizenship

Once you have gathered the necessary documentation, the next step is to apply for recognition of Italian citizenship through the appropriate consular channels:

1. Contacting the Italian Consulate: USA residents must apply through the Italian consulate for recognition of Italian citizenship by descent. The consulate will provide specific instructions on how to submit your application.
2. Submitting the Application: The process involves submitting all documentation along with the application form, which will be reviewed by consular officers. Be prepared for a wait, as processing times can vary depending on the consulate’s workload.
   

   

3. Appointment for Verification: You may be required to attend an appointment at the consulate to verify your documents and provide additional information. During this stage, consular officials will examine the legitimacy and accuracy of the documents provided.

Recent Legislative Changes and Judicial Routes

There have been discussions and proposals for citizenship reforms in Italy, which could negatively impact eligibility criteria for citizenship by descent from great-grandparents. The most notable potential changes include stricter requirements to demonstrate Italian ancestry, limitations on the number of generations that can apply for citizenship by blood, and the introduction of additional conditions, such as language proficiency and residency requirements. For detailed information on these changes, which may have significant implications for those seeking italian citizenship by descent from great-grandparent, visit Damiani & Damiani’s overview of the 2023 citizenship reform

The loophole to get Italian citizenship by descent

The loophole to get Italian citizenship by descent and overcome the bureaucratic hurdles or if your application is rejected by the consulate, is to appeal the decision through the Italian judicial system. This process involves filing a case in an Italian court, where a judge will review your documentation and determine your eligibility for citizenship. Legal assistance from an experienced Italian Citizenship lawyer is necessary to appeal to the Court against bureaucracy or against the decision of the Consulate that does not recognize the right to Italian Citizenship Iure Sanguinis. A lawyer guides you through the application process, helps you gather the necessary documentation and represents you in court without you having to leave USA.

Obtaining Italian citizenship by descent from a great-grandparent is a journey that requires careful preparation and an understanding of the legal requirements. For USA descendants of Italian emigrants, this process opens doors to reconnecting with your heritage and enjoying the benefits of Italian and EU citizenship. By staying informed about the latest legislative changes and seeking legal advice when necessary, you can successfully navigate the path to becoming an Italian citizen.