New interpretation guidelines for citizenship jus sanguinis
To the attention of users who are potentially interested in having their Italian citizenship by descent recognized, please be aware of the significant implications of some of the recent rulings of the Supreme Court of Appeal (Civil Court of Appeal, Section I, orders No. 454/2024 and No. 17161/2023) and the Circular No. 43347 dated 3 October 2024 of the Ministry of Interior issued pursuant to the new interpretation guidelines on the matter as dictated by the aforementioned judicial authority.
Adopting the guidance of the Court of Appeal, the circular clarifies first and foremost that – in accordance with the law of 1912 (and, even earlier, with the Civil Code of 1865) – an Italian citizen who lost his Italian citizenship as a consequence of the voluntary acquisition of a foreign nationality concurrently caused his minor child living with him to lose our status civitatis, even if said child was born in a country, such as the United States, that applies jus soli (and therefore, the child was a dual national at birth: Italian citizen by paternal descent based on the principles of jus sanguinis and foreign citizen based on the place of birth in accordance with the principles of jus soli). In all such cases, therefore, the citizenship line of transmission is to be considered discontinued; as of the date of their father’s naturalization, the minor in question no longer has the ability to pass on the right to their prospective descendants.
Without prejudice to the foregoing, however, it is possible now to prove that one’s own ancestor, who incurred the loss for the reasons above, then carried out a deed to recover our status civitatis after coming of age. In the cases in which this happened in fact and can be documented, the event must still have taken place before the birth of the direct descendant of the person concerned. Otherwise, the line of transmission cannot be considered restored.
Citizenship is passed on from parent to child without limitation of generations, on the condition that none of the ancestors has ever renounced or lost their citizenship.
A minor living with a parent who becomes Italian citizen acquires the Italian citizenship too. The current legislation recognizes the right to hold more than one citizenship simultaneously.
Transmission of citizenship through maternal lineage is possible only for persons born after January 1st, 1948.
Verification of citizenship. When a person claims to descend from an Italian parent or ancestor, but no proof of the fact can be found in Italian registers, he must prove with original documents that all ancestors kept their Italian citizenship and passed it on their heirs without interruption. The office in charge of verification depends on the applicant’s place of legal residence: for foreign residents it will be the diplomatic-consular mission in the country of residence; for residents in Italy, it will be the Comune of residence.
To determine if a person is eligible for Italian citizenship, the office in charge must apply the law in force in Italy at the time of the applicant’s birth. Individuals can become citizens under different sections of law or can automatically lose the citizenship through the naturalization of either of the parents.
If one person claims citizenship through mother or grandmother’s lineage, the person must also provide information about the father or grandfather, because Italian citizenship may be affected by the naturalization of both spouses.
The following categories may help you find which one applies to your case:
Category 1 (direct descent): father born in Italy, Italian citizen at the moment of your birth and you never renounced the Italian citizenship.
Category 2 (direct descent): mother born in Italy, Italian citizen at the moment of your birth – occurred after January 1st, 1948 – and you never renounced the Italian citizenship.
Category 3: father born in the United States or other Country (except Italy), your grandfather was Italian at the time of his birth and neither you nor your father ever renounced the Italian Citizenship.
Category 4: mother born in the United States or other Country (except Italy), your grandfather was Italian at the time of her birth and neither you, born after Jan. 1st, 1948, nor your mother ever renounced the Italian Citizenship.
Category 5: your direct paternal or maternal ancestors were born in the United States from Italian parents and they never renounced the Italian citizenship.
PLEASE BE ADVISED THAT YOU NEED TO SCHEDULE AN ONLINE APPOINTMENT THROUGH THIS WEBSITE (CHOOSE BOOK ONLINE FROM THE HOMEPAGE) TO SUBMIT YOUR APPLICATION. NO WALK-INS.
AT THE TIME OF THE APPOINTMENT, YOU WILL BE REQUIRED TO PAY THE APPLICATION FEE (FOR THE CURRENT AMOUNT PLEASE CHECK THE CITIZENSHIP GENERAL INFORMATION PAGE).
ONLY If you have a family member who has already been recognized Italian Jure Sanguinis from THIS Consulate General and you live in Texas, Louisiana, Arkansas or Oklahoma and are interested in applying, contact the Citizenship Office via email at cittadinanza.houston@esteri.it to know which supplementary documents you need to produce at the time of your interview. PLEASE NOTE, the appointment must be booked via the Prenot@mi portal.
REQUIRED DOCUMENTS
All documentation must be submitted in original and will be kept on file.
APPLICANT:
a) Form 1 (see bottom of this page) – Duly filled out in ALL ITS PARTS starting from the last generation born in Italy and including all the spouses, TO BE SIGNED AT THE CONSULATE.
b) Form 2 (see bottom of this page) – Duly filled out, TO BE SIGNED AT THE CONSULATE.
c) Form 3 (see bottom of this page) – Duly filled out by each living ascendant through whom the citizenship is being transmitted (if applicable). The ascendant/s can sign the form either at the Consulate or in a presence of a Notary Public (in this case the form must be legalized with Apostille and brought in by the applicant along with a copy of ascendant’s valid ID).
d) Form 4 (see bottom of this page) – Duly filled out by the applicant for each deceased ascendant through whom the citizenship is being transmitted (if applicable), TO BE SIGNED AT THE CONSULATE.
e) REGISTRY FORM (see bottom of this page) – this form refers to and must be duly filled out by the APPLICANT – TO BE SIGNED AT THE CONSULATE.
PLEASE FILL OUT ALL THE FORMS BEFORE YOUR APPOINTMENT.
f) VALID PASSPORT (plus copy) – Please note that if you do not have a valid passport you cannot apply,
g) VALID DRIVER’S LICENSE or ID CARD (plus copy) of one of the States of our jurisdiction (TEXAS-OKLAHOMA-ARKANSAS-LOUISIANA);
h) AN ORIGINAL OF YOUR BIRTH CERTIFICATE, issued by the competent US authorities in LONG FORM/EXTENDED FORM, with the exact indication of the town of birth – the County or the State only is NOT sufficient – legalized with APOSTILLE and TRANSLATED into Italian (APOSTILLE does not need translation). If you are married with children under 18 and/or are divorced, you must provide as well at the time of your application the proper documents in originals with Apostille and translations. For instructions on how to obtain the documents, please visit the Vital Records page of this website.
PRIOR GENERATIONS:
a) for each member of your family through whom the citizenship is being transmitted, starting from your Italian born ancestor, you will have to provide ALL VITAL RECORDS CERTIFICATES (birth, marriage, death if applicable) in original, issued by the competent US authorities in LONG FORM/EXTENDED FORM, legalized with APOSTILLE and TRANSLATED into Italian (only the certificates) (see LIST OF TRANSLATORS); photocopies of spouses’ birth certificates are recommended;
b) ONLY FOR THE ITALIAN BORN ANCESTOR: Certified copy of the “DECLARATION OF INTENTION”/”PETITION FOR NATURALIZATION” issued by the National Archives (www.archives.gov); no translation or Apostille is required. The same documents may be issued in certified copy by the relevant County/District Clerk: in this case no translation is necessary but the Apostille is required. If available original or copy of the NATURALIZATION CERTIFICATE (no translation is required).
In case your Italian born ancestor never naturalized US citizen, please provide:
1. CERTIFIED COPY OF NONEXISTENCE OF RECORDS DECLARATION, issued by the U.S. Citizenship & Immigration Services (www.uscis.gov); no translation is required.
AND
2. CERTIFIED COPY OF THE CENSUS, the first one available immediately after the birth in the US of the direct descent of the Italian born ancestor (www.census.gov); no translation is required.
PLEASE NOTE – The Citizenship Office reserves the right to require additional documentation in case there are no sufficient elements to correctly and undoubtedly evaluate your application for Italian citizenship.
If a family member, residing in our jurisdiction, is interested in submitting in the future an application for the recognition of the Italian citizenship, the same ancestors’ original documentation will apply, but he/she must present his/her original documents.
Residents of Texas, Arkansas, Louisiana and Oklahoma, whose family members have obtained the recognition of the Italian citizenship at a different Consulate or Comune, must submit at this Office all original documentation starting with the ancestor born in Italy.
Documents issued in countries other than the U.S.A.
For legalization of documents issued in countries where the Apostille is not in force, please refer to the Italian Consulate competent for that country, prior to coming to the Consulate for your appointment.
For further information, you may visit the web site of Italian Ministry of Foreign Affairs.
Incorrect certificates
It is the applicant responsibility to make sure that all documents contain the correct information with regard to names, last names, dates and places of birth, and that such information matches in all submitted papers. Incorrect certificates may delay processing the application or affect the eligibility for Italian citizenship.
CITIZENSHIP THROUGH JUDICIARY RULING ON NATURAL PATERNITY / MATERNITY.
When a child is recognized or declared by his/her Italian parent while a minor, he/she acquires the Italian citizenship automatically. Persons of legal age recognized or declared as such must elect to become citizens within one year of that recognition. The following documentation must be annexed to the declaration:
– Birth certificate.
– Act of recognition or authenticated copy of the ruling on paternity/maternity, or of an authenticated copy of a ruling that declares a foreign ruling binding in Italy, or an authenticated copy of a ruling acknowledging the right to child support or alimony.
– Certification of parent(s)’ citizenship.
CITIZENSHIP BY ADOPTION.
The right to the Citizenship is extended to any minor child adopted by an Italian citizen by means of the provisions of the Italian Judiciary Authorities, or in the case of adoption abroad and rendered valid in Italy through an order issued by the Juvenile Court for enrollment in an official Italian statistics office (Anagrafe). Adoptees of legal age can acquire citizenship after 5 years of legal residence in Italy after the adoption.
IF YOU ARE CONCERNED THAT ANY OF THE ABOVE PROCEDURES MAY AFFECT YOUR UNITED STATES CITIZENSHIP, YOU SHOULD CONTACT THE LOCAL AUTHORITIES.
PLEASE NOTE THAT THE PROCESSING OF ALL APPLICATIONS BY DESCENT MAY TAKE UP TO 730 DAYS.
PLEASE NOTE THAT THE BELOW FORMS (EXCEPT FORM #3) MUST BE SIGNED BY THE APPLICANT IN FRONT OF THE CONSULAR OFFICER THE DAY OF THE APPOINTMENT.
The consular fee for the application for recognition of “Iure Sanguinis” citizenship in the period from 1st October to 31st December 2024 is equal to $329.00. Payment must be made at the Consular Office on the day of the appointment by delivery of a Cashier’s check or Money order made out to the Consulate General of Italy in Houston.
For additional information or clarification do not hesitate to contact this Consulate General at cittadinanza.houston@esteri.it