Italian Citizenship by Descent (Jure Sanguinis)

What is Jure Sanguinis?

Jure sanguinis is Latin for "by right of blood." It's a legal principle that grants citizenship based on ancestry rather than birthplace. Under Italian law, if you can prove an unbroken chain of Italian citizenship from an ancestor to yourself, you may be entitled to recognition as an Italian citizen—not naturalization, but recognition of a citizenship you've technically held since birth.

This distinction matters. You're not becoming Italian; you're proving you already are Italian. The application process is about documenting this existing right, not applying for something new.

Why Italian Citizenship by Descent Exists

Italy has one of the largest diasporas in the world. Between 1880 and 1920, over 4 million Italians emigrated to the United States alone. Millions more went to Argentina, Brazil, Australia, Canada, and other countries. Italy's citizenship law, rooted in the 1912 Citizenship Law, recognized that these emigrants and their descendants maintained a connection to Italy through blood.

Until March 2025, there was no generational limit. If your great-great-great-grandfather emigrated from Sicily in 1890, you could still claim citizenship—provided you could document the unbroken chain.

The Scale of Demand

Italian consulates worldwide have been overwhelmed. In the United States, wait times for appointments stretched to 3-7+ years at some consulates. The demand was so high that Italy created alternative pathways: applying through an Italian comune (municipality) by taking up residence, and court actions for those who couldn't get consular appointments.

The 2025 Law Changes Explained

On March 28, 2025, Italy enacted Decree-Law No. 36/2025, later converted into Law 74/2025 on May 24, 2025. This legislation fundamentally changed who can claim Italian citizenship by descent.

What Changed

The new law introduces a "genuine link" (vincolo effettivo) requirement and limits automatic citizenship transmission to two generations:

The "Genuine Link" Requirement

Under Law 74/2025, applicants must now demonstrate a tangible connection to Italy beyond bloodline. This marks a radical departure from the previous system where ancestry alone was sufficient.

To qualify for automatic recognition, you must meet at least one of these conditions:

• Your parent or grandparent is (or was at death) an Italian citizen who held no other citizenship
• Your parent resided in Italy for at least two consecutive years after acquiring Italian citizenship and before your birth
• You submitted a citizenship application before March 27, 2025

What This Means in Practice

According to CNN reporting and Relocate.World, the law effectively ends citizenship claims through great-grandparents or more distant ancestors for new applicants.

However, there are exceptions and pathways still available, which we'll explore in detail below.

Constitutional Court Ruling (July 2025)

On July 31, 2025, Italy's Constitutional Court issued Judgment 142/2025. The ruling was notable: the court affirmed that unlimited generational limits are constitutional and that heritage alone can satisfy constitutional requirements for citizenship transmission. However, the ruling did not invalidate Law 74/2025—it simply clarified that the new restrictions don't violate the constitution.

This means the new law stands, but it also provides legal ammunition for potential future challenges.

Who Can Still Apply in 2026?

Despite the 2025 changes, many people can still claim Italian citizenship by descent. Here's who qualifies:

Category 1: Grandfathered Applications

If you submitted an application or received a confirmed appointment by March 27, 2025, you're processed under the old rules. According to Italian Citizenship Assistance, this includes:

• Applications submitted to an Italian consulate
• Applications submitted to an Italian comune
• Cases filed in Italian court
• Confirmed appointment notifications received before the deadline

Category 2: Parent or Grandparent Connection

Under the new law, you qualify if:

Category 3: 1948 Cases (Court Route)

If your lineage includes an Italian woman who had a child before January 1, 1948, you must go through the Italian courts. These "1948 cases" are still being processed despite the new law. More on this below.

Category 4: Residency Path

The 2025 law actually reduced the residency requirement for those with Italian ancestry. Per Giambrone Law:

• Previous requirement: 3 years of residence in Italy
• New requirement: 2 years of residence if you have an Italian parent or grandparent

The 1948 Rule (Maternal Line)

The "1948 rule" is one of the most misunderstood aspects of Italian citizenship by descent. It affects anyone whose lineage includes an Italian woman who had a child before January 1, 1948.

Historical Background

Italy's 1912 Citizenship Law only allowed men to transmit citizenship to their children. Women could not pass Italian citizenship to children born before January 1, 1948—the date Italy's Constitution took effect, granting women equal civil rights.

For decades, this meant descendants through maternal lines were excluded. But Italian courts have consistently ruled that this discrimination violated constitutional principles of gender equality, and those principles should apply retroactively.

What Makes a "1948 Case"

According to Italian Dual Citizenship and Bersani Law:

You have a 1948 case if anywhere in your lineage, an Italian woman gave birth to a child before January 1, 1948.

Example 1948 case:

• Maria (born in Italy) → Giuseppe (born 1920, before 1948) → Your parent → You
• Because Maria's son was born before 1948, the administrative route is blocked
• You must go through the Italian courts

Non-1948 case:

• Giuseppe (born in Italy) → Maria (born 1930) → Your parent (born 1955, after 1948) → You
• Maria gave birth after 1948, so standard administrative process applies

The Court Process for 1948 Cases

1948 cases must be filed in Italian civil court. According to Italian Citizenship Assistance:

• Court location: Historically the Tribunale Civile di Roma, but since June 2022, cases may be heard in local courts based on your ancestor's birthplace
• Timeline: 12-18 months for first hearing, 2-3 years total
• Success rate: Very high (95%+) when properly documented
• Cost: €7,900+ for legal services, plus court fees and document costs

Understanding Your Lineage

Before gathering documents, you need to map your lineage and identify potential issues. This is the most critical step—getting it wrong can waste years of effort.

The Unbroken Chain

Italian citizenship passes automatically from parent to child at birth, but only if the parent was an Italian citizen at the time of the child's birth. The chain breaks if:

• Your ancestor naturalized as a foreign citizen before the next person in line was born
• Your ancestor formally renounced Italian citizenship
• A woman in the line had a child before January 1, 1948 (requires court route)

The Naturalization Question

This is where many applications fail. According to Italian Citizenship Assistance:

Finding Naturalization Dates

You need to prove either when your ancestor naturalized (and that it was after the next person's birth) or that they never naturalized at all. According to Dual US Italian Citizenship:

• USCIS records (post-1906): Request naturalization certificate or Certificate of Non-Existence (CONE) using Form G-1566
• National Archives (pre-1906): Search historical records, though they can only issue a "negative search letter," not a CONE
• State/county courts: Many naturalizations occurred at local courts before federal centralization

Mapping Your Family Tree

Create a clear chart showing:

1. Your Italian-born ancestor (LIRA)
2. Each person between the LIRA and yourself
3. Birth dates and locations for each person
4. Naturalization date (if applicable) for the LIRA
5. Any women who had children before 1948

This chart will guide your document gathering and help identify potential problems early.

Required Documents

Italian citizenship applications are document-intensive. You'll need vital records for every person in your lineage, plus proof of naturalization status for your Italian ancestor.

Document Checklist

Based on official consular checklists from Los Angeles and San Francisco Italian consulates:

For Your Italian Ancestor (LIRA)

• Italian birth certificate (estratto per riassunto dell'atto di nascita)
• Italian marriage certificate (if married)
• Naturalization certificate OR Certificate of Non-Existence of Records (CONE)
• Death certificate (if deceased)

For Each Person in the Lineage

• Long-form birth certificate showing parents' names
• Long-form marriage certificate (if applicable)
• Death certificate (if deceased)
• Divorce decree (if applicable)

For Yourself

• Long-form birth certificate
• Marriage certificate (if married)
• Divorce decree (if applicable)
• Valid passport
• Proof of residence

Document Specifications

Per Italian Citizenship Assistance:

Apostille Requirements

Every document not issued in Italy must have an apostille—a certification under the Hague Convention that authenticates public documents for international use.

• Where to get it: Secretary of State in the state where the document was issued
• Cost: $1-$40 per document (varies by state)
• Format: Separate document stapled to the original

Translation Requirements

All non-Italian documents must be translated into Italian by a certified translator. The translation itself may need to be certified by:

• The Italian consulate, OR
• An Italian court (for comune applications), OR
• A sworn translator in Italy

Translation costs vary: €16 per four pages through Italian courts, or €30-50 per page through private translators.

Application Pathways

There are four main pathways to Italian citizenship by descent. Each has different timelines, costs, and requirements.

1. Consular Application (From Abroad)

The traditional route: apply through the Italian consulate with jurisdiction over your residence.

According to My Italian Family, appointment wait times vary dramatically by consulate:

• Washington DC: ~6 months (shortest)
• Los Angeles: 2-3 years
• San Francisco: 3+ years
• Many consulates: Booked into 2027-2028

2. Comune Application (In Italy)

Apply through an Italian municipality by establishing legal residence in Italy. This is often called the "fast-track" option.

According to The Italian Passport and My Italian Family, the comune route is faster because municipalities process fewer applications simultaneously than consulates.

3. Court Action (1948 Cases & Denial of Justice)

Two types of cases go through Italian courts:

1948 Cases: If your lineage includes a woman who had a child before 1948, you must sue for recognition in Italian civil court.

Denial of Justice: If your consulate has unreasonable wait times (generally 2+ years), you can sue to force a decision. Per Italian Citizenship Assistance, this doesn't require Italian residency.

4. Naturalization by Residence

If you don't qualify for jure sanguinis but have Italian ancestry, you can naturalize after:

• 2 years: If you have an Italian parent or grandparent (reduced from 3 years under Law 74/2025)
• 4 years: If you're an EU citizen
• 10 years: Standard naturalization

This requires Italian language proficiency (B1 level) and continuous legal residence.

Step-by-Step Process

Phase 1: Research & Eligibility (2-4 weeks)

1. Map your lineage - Create a family tree from your Italian ancestor to yourself
2. Identify potential issues - 1948 cases, naturalization dates, broken chains
3. Choose your pathway - Consulate, comune, or court
4. Determine jurisdiction - Which consulate or comune has authority

Phase 2: Italian Records (1-6 months)

1. Search the Antenati portal - Free access to historical Italian records
2. Contact the ancestral comune - Request birth, marriage, death certificates
3. Order certified extracts - Estratto per riassunto format required
4. Verify lineage consistency - Names, dates, locations must match

Phase 3: Foreign Records (2-6 months)

1. Order vital records - Birth, marriage, death certificates for each person
2. Request naturalization records - From USCIS (Form G-1566) and/or National Archives
3. Obtain apostilles - From Secretary of State in issuing state
4. Arrange translations - Certified Italian translations for all documents

Phase 4: Application Submission

For consulate applications:

1. Schedule appointment (if new applicant under old rules—likely no longer possible)
2. Prepare complete document package
3. Attend appointment with all originals and copies
4. Pay €600 application fee
5. Wait for processing (18-24 months)

For comune applications:

1. Establish residence in chosen comune
2. Register with Ufficio Anagrafe
3. Submit citizenship application with documents
4. Maintain residence during processing
5. Attend any required interviews

For court cases:

1. Engage specialized Italian attorney
2. Prepare document package
3. Attorney files case in appropriate court
4. Attend hearings (often via attorney)
5. Wait for ruling (12-36 months)
6. Register with AIRE after favorable judgment

Phase 5: After Recognition

1. Register with AIRE - Registry of Italians Residing Abroad
2. Obtain Italian documents - Identity card, codice fiscale
3. Apply for Italian passport - Through consulate
4. Consider EU implications - Banking, tax obligations, voting rights

Timeline & Costs

Realistic Timeline Expectations

Cost Breakdown

Per Italian Dual Citizenship and Italian Citizenship Assistance:

DIY Approach

With Professional Assistance

Comune Route Additional Costs

Common Mistakes to Avoid

1. Not Verifying Naturalization Dates First

Many people spend months gathering documents only to discover their ancestor naturalized before the next generation was born. Always verify naturalization timing before investing significant time and money.

2. Using Wrong Document Format

Italian consulates require long-form certificates showing parents' names, with raised seals, issued recently. Abstract or informational certificates, photocopies, or old documents will be rejected.

3. Incorrect Apostille Order

The apostille must be attached to the original document before translation. Getting this sequence wrong requires starting over.

4. Missing the 1948 Issue

Some applicants don't realize they have a 1948 case until their consulate appointment. If any woman in your line had a child before 1948, you need the court route—not administrative processing.

5. Name Discrepancies

Italian records often have different name spellings than American records (Giovanni vs. John, Margherita vs. Margaret). You may need to provide documentation explaining variations or obtain amended certificates.

6. Incomplete USCIS Search

A negative search from the National Archives is not the same as a CONE from USCIS. For post-1906 naturalizations, you need the USCIS certificate specifically.

7. Missing Minor Issue/Minor Ancestor Problems

If your ancestor left Italy as a minor (under 21 before 1975, under 18 after), special rules may apply regarding automatic loss of citizenship if their parents naturalized. Research this specific issue carefully.

8. Expired Documents

Most consulates require documents issued within 6 months (some 3 months) of submission. Ordering documents too early means reordering later.

Finding Italian Records

Locating your ancestor's Italian records is often the most challenging part of the process. Here's how to navigate Italian archives.

The Antenati Portal

Antenati (meaning "ancestors") is a free database maintained by Italy's Ministry of Culture. It contains millions of digitized civil records from 1809 to the 1930s.

How to Use Antenati

1. Go to antenati.cultura.gov.it
2. Search by comune name or browse by region
3. Navigate to birth (nati), marriage (matrimoni), or death (morti) records
4. Browse by year to find your ancestor

Per Italian Citizenship Assistance, records are handwritten in Italian cursive, which takes practice to read. The site offers language options for navigation but not for the documents themselves.

Other Italian Record Sources

• FamilySearch.org - Large collection of Italian civil and church records, free
• Ancestry.com - Italian passenger lists, civil records (subscription required)
• Regional archives - Some regions have their own online databases
• Diocesan archives - Church records (baptisms, marriages) predating civil registration

Requesting Official Certificates

Once you locate your ancestor's records, you need official certified copies from the comune. Per Antenato Italiano:

1. Identify the comune of birth/marriage/death
2. Find the comune's contact information online
3. Write (in Italian) requesting estratto per riassunto certificates
4. Include all information: full name, parents' names, date, purpose
5. Expect 4-12 week response time

Benefits of Italian Citizenship

Italian citizenship confers significant benefits, making it one of the most sought-after ancestral citizenships worldwide.

EU Citizenship Rights

Per Italian Dual Citizenship, as an Italian citizen you gain full EU citizenship, including:

• Freedom of movement - Live and work in any of 27 EU countries without visa or work permit
• Freedom of establishment - Start a business anywhere in the EU
• Access to education - Reduced tuition at EU universities (often 90%+ less than international rates)
• Healthcare access - Emergency healthcare throughout the EU via EHIC card
• Political rights - Vote in EU and Italian elections

Italian Passport Power

The Italian passport is one of the strongest in the world:

• Visa-free or visa-on-arrival access to 194 destinations
• Access to Schengen Area (26 European countries)
• No visa required for US (under VWP), UK, Canada, Australia, Japan, and most other countries

Dual Citizenship

Since 1992, Italy allows dual citizenship. Per Italian Citizenship Assistance:

• You do not need to renounce your US (or other) citizenship
• You can hold Italian and US passports simultaneously
• Use whichever passport is most advantageous for travel

Living in Italy

• Full access to Italian healthcare system (SSN)
• Right to purchase property without restrictions
• Access to Italian pension system
• Ability to vote in Italian national and local elections

Passing Citizenship to Children

Once you're recognized as an Italian citizen, you can pass citizenship to your minor children (automatically) and may help your spouse obtain citizenship by marriage (3 years, reduced to 18 months if living in Italy).

Frequently Asked Questions

Can I still apply after the March 2025 law changes?

It depends on your situation. If you have an Italian parent or grandparent (with specific conditions met), you may still qualify. Great-grandparent connections no longer provide automatic eligibility. Consult a specialist to assess your specific case.

How do I know if I have a 1948 case?

Check your family tree: if any Italian woman in your lineage gave birth to a child before January 1, 1948, you have a 1948 case and must use the court route.

What if my ancestor was naturalized?

The key question is: did they naturalize before or after their child's birth? If after, you're likely still eligible. If before, the chain is broken at that point.

Can I apply through a comune if I don't live in Italy?

No. Comune applications require you to establish legal residence in Italy and maintain it during processing (typically 10-18 months).

How much does the entire process cost?

DIY applications cost $1,200-2,500. With professional assistance, expect $4,000-10,000+. Court cases (1948 or denial of justice) add €5,000-15,000 in legal fees. Comune applications add €18,000-40,000 in living expenses.

How long does it really take?

Document preparation: 6-12 months. Consular processing: 2-10+ years (depending on appointment availability). Comune: 1.5-2.5 years total. Court: 2-4 years total.

Can I get an appointment at a consulate with shorter wait times?

You must apply at the consulate with jurisdiction over your legal residence. Moving to a different consular district and establishing residence there is theoretically possible but impractical for most people.

What if my name is spelled differently on Italian vs. American records?

Name variations are common (Giovanni/John, Giuseppe/Joseph). You may need supporting documentation showing the connection or amended certificates.

Do I need to speak Italian?

Not for jure sanguinis applications. However, if you're naturalizing (the residency path after 2 years with Italian ancestry), you need B1 Italian proficiency.

Can my children automatically become Italian citizens?

Minor children (under 18) can be included in your application or apply after you're recognized. Adult children must apply separately, following the same process.

What's the difference between "recognition" and "naturalization"?

Jure sanguinis is recognition of citizenship you already possess by blood. Naturalization is acquiring new citizenship through residence. The processes, requirements, and legal basis are different.

Is the consular wait time really 5-7 years?

At some consulates, yes. Many are booked into 2027-2028 for new appointments, and processing takes 18-24 months after submission.

Should I hire a lawyer or service?

For straightforward cases, DIY is possible with research. For 1948 cases, court actions, or complex lineage issues, professional help is strongly recommended.

Resources & Next Steps

Official Resources

• Antenati Portal - Free Italian civil records database
• Italian Ministry of Foreign Affairs - Consulate information
• USCIS Form G-1566 - Naturalization records request
• National Archives - Historical naturalization records

Genealogy Resources

• FamilySearch.org - Free genealogy records
• Italy Heritage - Italian genealogy guides
• Italian Genealogical Society of America - Research guidance

Professional Services

• Italian Citizenship Assistance - Full-service applications
• My Italian Family - Document retrieval and assistance
• Italian Dual Citizenship - Consultations and services
• Bersani Law - 1948 cases and legal services

Community Resources

• Reddit r/ItalianCitizenship - Active community sharing experiences
• Facebook Groups - "Italian Dual Citizenship" and related groups

How Expatriator Can Help

Navigating Italian citizenship by descent is complex—especially after the 2025 law changes. Our AI assistant can help you:

• Assess your eligibility under current law
• Identify potential issues in your lineage
• Understand which pathway is best for your situation
• Track document requirements and progress
• Connect with specialists when needed

Last Updated

This guide was last updated in January 2026. Italian citizenship law underwent significant changes in March and May 2025 with the enactment of Decree-Law 36/2025 and Law 74/2025. We monitor developments and update this guide accordingly, but always verify current requirements with official sources before applying.