Italian citizenship, regulated by Law 91/1992, is based on the jus sanguinis (right of blood) principle, meaning Italian Americans can pass their citizenship to descendants. Applying for Italian citizenship enables families to preserve their Italian lineage and enjoy the numerous benefits of European citizenship.
Below, we explore the key requirements, documentation, challenges and benefits of Italian citizenship, highlighting the importance of legal guidance for a smooth application process.
Key requirements for citizenship transmission
To transmit Italian citizenship via jus sanguinis, you must be an Italian citizen. If you are considering applying for this citizenship, you must meet two essential criteria:
Uninterrupted Italian lineage: As of March 28, 2025, applicants must demonstrate direct and continuous descent from their Italian ancestor, extending up to the second generation (i.e., their grandfather). The Italian forebear must not have renounced their citizenship before the birth of the next descendant in the family line.
Italian law began recognizing dual citizenship starting in 1992, therefore, for example, if an Italian emigrated to the United States and became naturalized as a U.S. citizen before this date, they would lose their Italian citizenship. If this naturalization occurred before their child was born, the right to citizenship is interrupted and cannot be claimed.
The 1948 rule: Historically, Italian citizenship could only be passed down through the paternal line. This changed in 1983, when the Consiglio di Stato (Council of State) granted women equal rights to transmit Italian citizenship, enabling individuals born to Italian women after 1948 to inherit this right.
Later, in 2009, the Italian Court of Cassation expanded these rights, allowing individuals born before 1948 to claim citizenship through maternal lines—provided they pursue this through the judicial system. In such cases, an Italian lawyer specializing in citizenship law is required to file the claim in an Italian court.
Take advantage of specialized assistance to secure your passport for a borderless future.
Necessary documentation for application:
- Birth, marriage, and death certificates: These must be collected for each generation, starting with the Italian ancestor and ending with the current descendant.
- Proof of non-naturalization: Applicants must obtain records verifying that the Italian ancestor did not renounce Italian citizenship before the birth of their child. This often involves obtaining naturalization records or certificates of no record.
- Authentication and translation: All documents issued outside of Italy must be authenticated with an apostille (a certification under The Hague Convention) and translated into Italian by a sworn translator.
Carefully checking for accuracy in names, dates, and other details is essential to avoid delays or denials during the application process.
Application processes
There are two primary routes for applying for Italian citizenship via jus sanguinis:
Administrative process: This is the traditional route and involves submitting the application to the Italian consulate responsible for the applicant’s jurisdiction. Applicants must provide all required documentation and wait for their case to be reviewed. However, administrative recognition often involves long waiting times due to significant backlogs at consulates.
In some cases, applicants may wait up to five years for their application to be processed. The administrative route also allows individuals to apply for Italian citizenship directly in Italy. While this option is quicker than the consular process, it often involves higher costs. For further details, visit this page.
Judicial process: The judicial route is required for cases impacted by the 1948 rule or for applicants facing issues such as missing documents or administrative delays. In this process, a legal petition is filed in an Italian court to have the right to citizenship recognized.
Hiring a lawyer or a specialized consultancy is necessary for navigating this route. While the judicial process can be more expensive than the administrative route, it is often faster and ensures a legally binding decision.
Choosing the appropriate route depends on the specifics of the case.
Challenges in the process
Obtaining Italian citizenship via jus sanguinis is not without its difficulties. Common challenges include:
- Costs: The process can be expensive, with costs ranging from €2,000 to €5,000. These expenses include fees for document retrieval, apostilles, translations, legal assistance, and court filings (if pursuing the judicial route).
- Document acquisition: Gathering old records, especially from Italian civil or church archives, can be time-consuming and complex. Applicants often encounter missing, incomplete, or inconsistent records, necessitating additional research and rectifications.
- Processing times: Administrative applications submitted through consulates often face significant delays due to high demand. Judicial claims, while generally faster, still require time for legal proceedings and court decisions.
Despite these challenges, thorough preparation and expert assistance can significantly improve the likelihood of success.
Benefits for children
Transmitting Italian citizenship to children through jus sanguinis opens the door to numerous advantages, including:
- EU passport: Italian citizenship grants access to an Italian passport, one of the world’s most powerful travel documents. This provides visa-free or visa-on-arrival access to 175 countries and the right to live, work, and study across all European Union member states.
- Education and employment opportunities: Italian citizens benefit from reduced tuition fees at European universities, including prestigious institutions in Italy. They also have access to the EU job market, where employers preserve positions for citizens of member states.
- Cultural connection: For many families, obtaining Italian citizenship is a way to honor and preserve their cultural heritage. It allows descendants to reconnect with their ancestral roots and gain a deeper understanding of their Italian identity.
The benefits of citizenship extend beyond practical advantages, offering a sense of belonging and pride in one’s heritage.
Take advantage of specialized assistance to secure your passport for a borderless future.
Importance of professional assistance
Navigating the complexities of Italian citizenship law requires careful attention to detail and expertise. Hiring legal professionals or specialized consultancies can help streamline the process, ensuring that all documentation is in order and legal requirements are met. These experts are particularly valuable for judicial claims, where court proceedings demand a thorough understanding of Italian legal systems.
By seeking professional assistance, applicants can avoid common pitfalls, reduce processing times, and increase the likelihood of a successful outcome. For those aiming to pass Italian citizenship to their children, legal guidance is an invaluable investment.Italian citizenship via jus sanguinis represents a unique opportunity for Italian Americans to strengthen their connection to their heritage while providing their descendants with valuable benefits. By meeting the requirements, gathering the necessary documentation, and choosing the appropriate application route, families can ensure a smoother process.