FAQs
Frequently Asked Questions
We get a lot of common questions about Italian citizenship through jure sanguinis, so we've compiled the most common ones for you here.
How do I know if I’m eligible for Italian citizenship?
To determine if you are eligible for Italian citizenship through descent (jure sanguinis), you must trace your lineage to an Italian ancestor who was an Italian citizen at the time of your U.S.-born ancestor’s birth. Essentially, your Italian-born ancestor must not have become a U.S. citizen before your subsequent U.S.-born ancestor became a legal adult.
Italian laws allow U.S. citizens to claim Italian citizenship by descent (jure sanguinis) if their Italian-born ancestor retained Italian citizenship not just at the time of their child’s birth, but also throughout the child’s minor years until the child reached legal adulthood. This is crucial because if the Italian-born ancestor naturalized as a U.S. citizen while their child was still a minor (under 21 years old before March 8, 1975, or under 18 years old after March 8, 1975), the child would typically lose their Italian citizenship, and thus, the line of transmission would be broken.
This means that if an ancestor naturalized while their child was under the legal age of adulthood at the time (21 or 18, depending on the date), the transmission of citizenship would cease, and subsequent generations would not be eligible to claim Italian citizenship through that line.
Examples:
Qualify: You qualify if your Italian-born great-grandmother became a U.S. citizen after your grandmother (her child) turned 21 if born before March 8, 1975, or 18 if born after that date.
Qualify: You qualify if your Italian-born great-grandmother never became a U.S. citizen.
Disqualify: You would not qualify if your Italian-born great-grandmother became a U.S. citizen before your grandmother (her child) turned 21 if born before March 8, 1975, or 18 if born after that date.
Disqualify: If your female Italian ancestor was born before 1948 and her child (your next in line) was born before 1948, you would not qualify through that line.
Technically, if you qualify for Italian citizenship through descent, you have been an Italian citizen since birth. The process of applying is simply to have your citizenship formally recognized by the Italian authorities—that’s where we come in! We guide you through every step to ensure your citizenship is officially recognized.
Is there a generational limit to jure sanguinis?
There is no generational limit to obtaining Italian citizenship through jure sanguinis (right of blood). As long as you can trace your lineage to an Italian ancestor who was alive on or after March 17, 1861, and who did not naturalize as a citizen of another country before that date, you could be eligible. It is important to note that before March 17, 1861, there was no concept of Italian citizenship, as Italy did not exist as a unified country.
What are the benefits of having an Italian passport?
With an Italian passport, you can live and work in Italy and any EU country without needing a special visa to stay beyond the 90-day limit, access affordable healthcare and universities, and pass citizenship on to your children. See more benefits here.
What does the process to get citizenship through descent entail?
The exact requirements vary based on where you apply. Generally, you'll need documents proving your connection to your Italian ancestors, including birth, marriage, and sometimes death certificates, as well as their naturalization documents. Most documents need to be apostilled and translated into Italian, but there are nuances depending on the document type and the specific requirements of the consulate or comune (town hall) where you are applying.
Can I apply through a female ancestor?
Yes, under the 1948 law, also known as the “female line” law, individuals born to an Italian mother prior to 1948 can claim Italian dual citizenship. Before this law, Italian citizenship through jure sanguinis could only be claimed through the male line of ancestry. Now, children born to an Italian mother before 1948 are eligible to apply through the female line.
The process takes place in the Italian courts, and you will need an Italian lawyer to represent you throughout the proceedings.
Feel free to email us with your specific questions if this is still unclear to you.
Do I need a lawyer to obtain Italian citizenship?
When a lawyer is not required: If your direct lineage does not include a female ancestor who had a child before 1948, your citizenship path is "administrative" and does not require legal representation. This process involves obtaining and submitting the necessary documents to an Italian consulate or comune (town hall).
When a lawyer is required: If your direct lineage includes at least one female ancestor who had a child before 1948, your case must go through the Italian courts, and you will need an Italian lawyer practicing in Italy to represent you.
Special cases, such as issues with proof of paternity or acquiring vital records from states with strict privacy laws, may also require legal assistance.
For cases involving a lawyer, our co-founder, Christina Prejean is here to assist clients with every step of the way.
If I get dual citizenship, will my parents, my siblings, and their children automatically get it too?
No, obtaining Italian citizenship through jure sanguinis (descent) is an individual process. It does not automatically extend to your parents, siblings, or their children just because you have been recognized as an Italian citizen. Each person in your family must independently prove their eligibility by tracing their lineage to the common Italian ancestor and providing the necessary documentation.
However, having a family member who has already completed the process can be beneficial. For example, siblings and their children might be able to use some of the same documents that you obtained, such as birth, marriage, and naturalization records, to support their own applications. However, document sharing is only possible if applying through the same consulate or comune (town hall). For instance, if you obtain your citizenship through the Italian consulate in Miami and your brother lives in New York, he would need his own set of documents to apply through the New York consulate.
If you are considering our services, we can assist your family members in navigating their own applications and guide them in gathering any additional documents they may need. Contact us to learn how we can support your entire family in the citizenship recognition process.
My parent was an Italian citizen and became a U.S. citizen before 1992, before I was born. Can I get citizenship from my grandparent?
Unfortunately, you cannot skip a generation when claiming Italian citizenship. Italian citizenship must be passed directly from parent to child. If your parent became a U.S. citizen before you were born and before 1992, they would have lost their Italian citizenship at that time, and you would not be eligible to claim citizenship through them from your grandparent.
How can BecomeItaliani help me?
We got you covered! We'll assist you with your entire citizenship application package, including but not limited to:
Comprehensive consulting services for obtaining Italian citizenship through descent (jure sanguinis)
Assistance in obtaining vital records for your Italian ancestor and their spouses
Preparation of the application package for submission to the Italian consulate or comune (town hall)
Translation of all required U.S. records into Italian
Help in obtaining required Apostilles for U.S. records
Regular video/voice calls, texts, and emails to ensure a smooth process
Final review of the complete package before submission
How long does it take to get my Italian citizenship?
Preparation times can vary based on several factors, such as waiting times for vital records and apostille orders. It typically takes a minimum of 6 months, but can extend to 3 years or more. Consulate appointment wait times average around 2-3 years, and processing for citizenship recognition is usually about 12-18 months depending on the consulate's capacity.
What about my non-Italian spouse?
A non-Italian spouse is eligible to apply for citizenship through marriage after 3 years of marriage if living outside Italy, or 2 years if living in Italy. This time is halved if the couple has children. The clock starts at marriage, so if you've been married for 10 years, and your Italian spouse gets their citizenship, you can apply right away without waiting 3 years. The spouse must pass a level B1 Italian proficiency exam and a criminal background check.
Where do I apply?
In short, you apply where you live. If you live outside of Italy, you would apply through the consulate that has jurisdiction over your area. There are 10 consulates in the U.S. that process Italian citizenship applications.
If you are applying in Italy, you would apply through the comune (town hall) where you live. Each comune has specific requirements, so it's important to be aware of local regulations and procedures.
Can I apply in Italy?
Yes, you can apply for Italian citizenship recognition in Italy, but it requires a few important steps and considerations.
Applying in Italy requires you to establish residency and submit your paperwork at the local comune (town hall). This process takes a minimum of 4-6 months, and you must remain a resident until it is complete. You cannot apply for citizenship during a short visit to Italy; you must be living in Italy on a more permanent basis.
To establish residency, you need housing with a formal lease or rental agreement. The local police will verify that you actually live at the address provided, which means they will visit to check that you are indeed residing there. It's essential to have a legitimate rental agreement or lease as proof of your residence.
In summary, applying for Italian citizenship in Italy requires a significant commitment, including securing housing and undergoing residency verification. The process is not suitable for those planning only a brief stay in Italy.
Why is it so hard to get an appointment at the consulate?
Consulates release a limited number of appointments each week, and demand is high. It may take several attempts over weeks or months to secure an appointment. Patience and persistence are key. We recommend logging in early and frequently to improve your chances of getting an appointment.
There are approximately 17 million Italian Americans in the U.S., but there are only 10 consulates that process Italian citizenship applications. This limited number of consulates compared to the high demand creates significant competition for appointments and makes scheduling challenging.
Do I need to speak Italian?
For jure sanguinis applicants (those applying for citizenship through descent), there is no language requirement. However, we encourage learning Italian to better connect with your ancestry and to appreciate and engage with the culture. Plus, Italian is a beautiful language!
For applicants applying through marriage or naturalization, passing a B1 level Italian language exam is required.
Are there any drawbacks to dual citizenship?
The short answer is no, the long answer is below.
Military Draft: Italy suspended its military draft in 2004, so mandatory military service is not a concern for dual citizens. There is no requirement for Italian citizens to serve in the military, whether they are residing in Italy or abroad.
Taxes: Taxes in Italy are based on residency rather than citizenship. This means that Italy taxes individuals who live in Italy, not those who are Italian citizens living abroad. If you are a dual citizen residing outside of Italy (for example, in the U.S.), you generally would not be subject to Italian taxes. However, there are exceptions, such as owning property in Italy or running a business from Italy, which might subject you to certain Italian taxes. We recommend consulting a tax professional for specific advice on your situation.
In summary, while there are few drawbacks to holding dual citizenship with Italy, it is essential to be aware of tax obligations and potential employment implications, and to seek professional advice when needed.
Disclaimer: BecomeItaliani, LLC is not a law firm or tax advisory service. The information provided on this page is for informational purposes only and should not be construed as legal or tax advice. For any legal matters or tax-related questions, we strongly recommend consulting with a qualified professional. Laws and regulations are subject to change at any time, and we cannot guarantee the accuracy or completeness of the information provided here in the future. BecomeItaliani, LLC is not responsible for any errors, omissions, or changes in the law.