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Citizenship Jure sanguinis / by descent

*** IMPORTANT NOTICE ***

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.

 

 

General information – legislation

Italian Citizenship is based upon the principle of “ius sanguinis” (blood right) meaning that the child born from an Italian father or mother is an Italian citizen regardless the place of birth.

Italian citizenship is now regulated by Law n. 91 of February 5, 1992 in force from August 16, 1992. Since then the subject of Italian citizenship has been regulated by the Law 555 of June 13, 1912 that has been repeatedly amended following some Constitutional Court’s resolutions, the new Family Law of 1975 and the law 123 of April 21, 1983.

Law 123/1983 abrogated the automatic acquisition of the Italian citizenship by a foreign woman who married with an Italian citizen and ruled that it was possible to acquire Italian citizenship through the maternal line. The latter is applied to those born after January 1, 1948. The innovations introduced by the present legislation are:

– Acknowledgment of the equal rights between a man and a woman;
– maintaining Italian citizenship after foreign naturalization;
– the importance of formal expression of personal will.

 

Who can apply

In order to submit your application to this Consulate, you must be a permanent resident of one of the following States: Colorado, Illinois, Iowa, Kansas, Minnesota, Missouri, Nebraska, North Dakota, South Dakota, Wisconsin, Wyoming. (Legal Aliens must submit the Permanent Resident Card). Residents outside the above jurisdiction must apply to the Consular Authority under whose jurisdiction they reside.

Schedule an appointment and fees

Please be informed that this Consulate General receives citizenship jure sanguinis applications by appointment only. An appointment is required for each adult applicant. All applicants over 18 must appear in person. The BOOKING ONLINE SYSTEM allows to choose the date and time of the appointment according to the availabilities.

As of July 8th, 2014 all applications for the recognition of the Italian citizenship Jure Sanguinis (by descent) and Jure Matrimonii (in case of women that married an Italian citizen prior to April 27, 1983) are subject to the payment of the consular fee “DOMANDA DI RICONOSCIMENTO CITTADINANZA Art. 07B”. Payments are to be made by money order, cashier’s check or exact cash, in USD. Please note that fees are update every quarter and are published on our website.

How to apply

In order to apply for citizenship, each adult applicant will need to schedule an appointment online and then come personally to the Consulate’s office for an interview and to provide all the required documentation, starting from ancestor born in Italy. Required documentation must be in original or certified copy. Photocopies are not accepted. Applicant should bring US Passport (or other passport and Permanent Resident Card), driver’s license and one utility bill in original and photocopy.

The Consulate does not provide any translation service.

For all details, please read carefully the information below

 

APPLICATION FORM

Italian citizenship through ancestors (Iure Sanguinis)

Information on Apostille  

Forms to request vital records at the “Comune” for Italian Citizens

Where to request the U.S. naturalization of Italian ancestor 

Additional requirements for all categories

 

Ufficio Cittadinanza
Consolato Generale d’Italia
500 North Michigan Avenue, Suite 1850
e-mail cittadinanza.chicago@esteri.it