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

Italian citizenship via descent (jus sanguinis) is an unusual chance for those who remain behind. It allows humans to regain their roots and get Italian and EU citizenship. This tutorial looks at how you can get Italian nationality through your grandparents. It explains the requirements, the necessary paperwork, and consular procedures.It also discusses recent changes in Italy about recognizing citizenship by great-grandparents. In short, your great-grandparents must not have interrupted the line of Italian citizenship to you.

You can claim Italian citizenship by descent through many generations. This includes great-grandparents, or even further in some cases. The main factor is that the line of citizenship must be continuous and uninterrupted. Italian law does not limit the number of generations. But, it is hard to prove a connection with ancestors from long ago. You can apply for Italian citizenship. You must document your ancestor’s citizenship chain to yourself.

Your great-grandparents must have been Italian citizens at your grandparents’ birth. Also, their descendants must have kept their Italian citizenship before the next person’s birth. Also, if you are applying through the maternal line, your ancestor (like your mother or grandmother) must have been born after January 1, 1948. This is due to historical restrictions on passing citizenship through female lines.

But the Italian Constitution knows nationality for all of us, even those born in 1948. If your great-grandmother is Italian or born before 1948, you must file an appeal with the court.

Requirements to Apply for Italian Citizenship by Descent

You can move to Italy as a citizen. You can be eligible for Italian citizenship by descent, if you meet certain conditions. These are essential to prove a continuous line of Italian nationality from your great-grandparents to you:

• An Italian citizen said: You must prove your great-grandparent was an Italian citizen at your grandfather’s birth. The citizenship line must be unbroken. None of your relatives in this family tree can have given up their Italian nationality before the next waiting was born.
• Proof of citizenship: Your ancestor (great-grandparent) must have had Italian citizenship and not obtained citizenship in another country prior to the marriage of your grandfather.This is crucial for persons who originally moved to the USA. Naturalization in another country might affect your citizenship rights.
• Post-1948 rule for maternal descent: If your maternal line includes a great-grandparent on the mother’s side, the grandparents or father must have married after January 1, 1948. Until now, Italian law disallowed mothers from handing on citizenship to their children.
  Italian law allows for recognizing citizenship transmission, even for women born before 1948. But, a court must approve it.

Documentation Required to Prove Citizenship

One of the most delicate parts is gathering the necessary documents. To prove your Italian citizenship, you must submit documents that show your lineage.

• Registry Certificates: You must get birth, marriage, and death documents for every family members in your line of heritage, from your grandparents to you. You can get these records from civil registers in Italy or the US.
• Naturalization Records: If your great-grandfather moved to the USA, you will need to prove why he was not a citizen when his grandfather was born. If he did, prove that the naturalization came after his child was born. It will keep the citizenship relationship.
• Apostilles and Translations: Legalize any papers not issued in Italy with an Is an a, if necessary. They have to be written in Italian by an expert translator. This step is essential in making sure the Italian missions accept the documents.

Consular Procedures for Applying for Citizenship

After receiving needed files, the next step is filing for Italian citizenship. Do this via the proper consular methods.

• Contacting the Italian Consulate: Residents of the United States must apply to the Italian consulate for confirmation of their recognition of Italian citizenship by descent. The consulate will give you full instructions for filing your application.
• Submitting the Application: The application must be filled together with any relevant documents. Consular staff will assess them. Prepare to wait, since processing periods may vary based on the consulate’s tasks.
• Verification Appointment: You may need to attend an appointment at the consulate to verify your documents and provide more information. At this stage, consular officials will check the documents’ accuracy and legitimacy.

Recent Legislative Changes and Judicial Routes

Italy has debated citizenship reforms. They may hurt eligibility for citizenship by descent from great-grandparents. The main potential changes are stricter rules on proving Italian ancestry. There may be a limit on how many people may seek status through blood.

They may also involve fresh conditions such as speech and citizenship limits. For more details on these changes, which may effect the ones seeking Italian nationality through great-grandparent origin, see 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 bypass the consulate’s red tape, is to appeal a rejection in the Italian courts. This process involves filing a case in an Italian court. A judge will review your documents and decide your citizenship eligibility. You need an experienced Italian citizenship lawyer. They can appeal to the Court against delays or a Consulate decision denying your Iure Sanguinis citizenship. A lawyer will help you apply. They will gather the needed documents and represent you in court, all without you leaving the USA.

Obtaining Italian citizenship by descent from a great-grandparent is a journey. It requires careful preparation and an understanding of the legal requirements. For USA descendants of Italian emigrants, this process offers a chance to reconnect with your roots. It also grants Italian and EU citizenship benefits. Stay informed about the latest laws. Seek legal advice when needed. This will help you become an Italian citizen.