Right of Blood: Italian Dual Citizenship

To obtain Italian dual citizenship by descent through a grandparent (jure sanguinis, "by right of blood"), you’ll need to go through a legal recognition process. Italy allows this for many people of Italian descent, but it depends on specific rules. Here's a straightforward breakdown of the steps:

Step 1: Determine Your Eligibility

You may qualify if:

• Your Italian grandparent was an Italian citizen at the time of your parent’s birth.

• Neither your grandparent nor your parent ever renounced their Italian citizenship before passing it to the next generation.

• If you’re applying through a maternal line, your mother must have given birth to you after January 1, 1948 (due to an old law that prevented women from passing citizenship before that date).

• If your grandparent became a U.S. citizen (or citizen of another country) before your parent was born, you may not qualify.

Step 2: Gather Required Documents

You’ll need official records to prove the Italian bloodline:

1. Your grandparent’s documents:

   • Italian birth certificate (estratto dell’atto di nascita)

   • Marriage certificate

   • Naturalization record (or proof they never became a citizen elsewhere)

2. Your parent’s documents:

   • Birth certificate (long form)

   • Marriage certificate

   • Death certificate (if applicable)

3. Your documents:

   • Birth certificate

   • Marriage certificate (if applicable)

   • Photo ID, proof of residency

All non-Italian documents must be:

• Apostilled (official certification for international use)

• Translated into Italian by a certified translator

• In some cases, certified copies must be provided

Step 3: Get Proof of Non-Naturalization

If your grandparent emigrated from Italy, you must show whether they became a citizen of another country and when.

For the U.S., this includes:

• Certificate of Naturalization (if they became a U.S. citizen)

• No record of naturalization (if they never became a U.S. citizen) from USCIS or the National Archives

This step is critical—the timing of naturalization affects eligibility.

Step 4: Book an Appointment with Your Italian Consulate

Find the Italian consulate that serves your U.S. state or country of residence. Then:

• Visit their official website

• Follow the instructions to book a citizenship appointment

• Some consulates have long waitlists (months or years), so book early!

Step 5: Attend Your Appointment

Bring all your documents, well-organized and complete. At the appointment:

• The consulate will review your paperwork

• If anything is missing or incorrect, they will ask for corrections or additional documents

• If approved, they’ll forward your application to the Comune (town hall) in Italy

Step 6: Wait for Recognition

Once the Comune processes your application, you will be recognized as an Italian citizen.

• You’ll be added to the AIRE registry (registry of Italians abroad)

• After that, you can apply for your Italian passport

Optional (But Common) Legal Route: 1948 Case

If you are ineligible due to the maternal line pre-1948, you can still apply through the Italian court system. This requires hiring an Italian lawyer and filing a lawsuit in Rome, but many have succeeded this way.

What Is the 1948 Rule?

Italian law before 1948 did not allow women to pass on citizenship to their children.

So if your Italian citizenship claim goes through a woman (your mother or grandmother) and:

• She gave birth before January 1, 1948,

• Then you are not eligible for citizenship recognition through the consulate.

This is due to Italy's 1948 Constitution, which updated citizenship rights to be more equal—but the change was not applied retroactively through normal consular processes.

Who Does This Affect?

You may fall into this category if:

• Your grandmother was born in Italy,

• She had your parent (her child) before Jan 1, 1948,

• And your parent then had you.

Even if all other conditions are met (e.g., no one renounced citizenship), you would be denied by the consulate because of that pre-1948 maternal link.

How Do People Still Get Citizenship in These Cases?

Italian courts have consistently ruled that this gender-based restriction is unconstitutional. So if you qualify except for the 1948 maternal issue, you can file a court case in Italy to get citizenship recognized.

This is called a "1948 case", and it's a legal workaround that has become common.

How It Works:

1. Hire an Italian attorney who specializes in citizenship cases.

2. The lawyer will file a petition in Rome’s civil court asking the judge to recognize that your citizenship should be granted, even though it comes from a pre-1948 woman.

3. You do not have to go to Italy—your lawyer can represent you.

4. If the court agrees (and it usually does), you are legally recognized as an Italian citizen.

5. After that, you can apply for an Italian passport like anyone else.

How Long and How Much?

• Time: Usually 1 to 2 years from start to finish.

• Cost: Typically €3,000–€7,000+, depending on the attorney and number of applicants (you can often file as a family group).

Summary:

• If your maternal ancestor gave birth before 1948, you are likely ineligible through the consulate.

• But you can still win citizenship through a court case in Rome.

• These cases are now routine, and many people successfully obtain citizenship this way.