Do you know your ancestor’s full name?

Do you have an approximate date of birth?

Do you know the Italian province and town where they were born?

These details are crucial for the first step in qualifying for dual citizenship by descent.

If you don’t know these important details, you can find them on free websites like:

• www.ancestry.com

• www.familysearch.org

• www.ellisislandrecords.org

• www.nara.gov

A. Did your ancestor die in Italy before 17th March 1861?

B. Was your ancestor naturalized before June 14th 1912?

C. Is there a woman in your Italian lineage who gave birth to her child before January 1st, 1948?

If you answered yes to question A, you may not qualify. However, if you answered no, you may qualify.

If you answered yes to question B, you may not qualify. However, if you answered no, you may qualify.

If you answered no to question C you may be eligible for Italian citizenship by descent. If you answered yes, you may not be able to apply for Italian citizenship by descent; however, you may be able to pursue Italian citizenship through the court system.

A. Did your Italian-born ancestor naturalize before their child’s birth (born in the US)?

B. Did you or any of your ancestors ever renounce your/their right to Italian Citizenship?

C. Have any of your family members already applied for or obtained Italian citizenship?

If you answered yes to question 3A, you may not be eligible for Italian citizenship by descent. If you answered no, you may be eligible for Italian citizenship by descent.

Please note that even if you do not qualify through one ancestor you might be able to apply through his/her spouse.

If you answered yes to question 3B, you may not be able to qualify for Italian citizenship by descent. If you answered no, you may be able to qualify for Italian citizenship by descent.

If you answered yes to question 3C, you may be able to undergo a simplified process to gain Italian citizenship. If you answered no, you may need to submit all of your family’s vital records going back to your ancestor who was born in Italy.

NOTE: The Supreme Court of Appeal (Civil Court of Appeal, Section I, orders No. 454/2024 and No. 17161/2023) along with the Circular No. 43347, dated 3, October 2024, issued by the Ministry of Interior, have introduced new regulations regarding Italian citizenship.

If an ancestor acquired U.S. citizenship (or citizen of another foreign country) through naturalization before August 16, 1992, you will not be entitled to Italian citizenship if your ancestor’s child(ren) was a minor (minor age: 21 years old until March 09, 1975 – 18 years old from March 10, 1975 and on) on the date of obtaining foreign citizenship, even if born before your Italian ancestor’s naturalization.

If there is a woman in the line of descent, Italian citizenship can be transmitted only if the son/daughter was born after January 1, 1948. For individuals born before January 1, 1948, the transmission of citizenship occurs only through the male line.

If an Italian citizen mother has a child born before January 1st, 1948: applicants in this category must directly appeal in Italy to an Italian civil court to obtain recognition of their citizenship.

On the other hand, an Italian citizen who acquired foreign citizenship before August 16, 1992, automatically relinquished their Italian citizenship according to Article 8 of Law 555/1912. Conversely, acquiring foreign citizenship on or after August 16, 1992, does not result in the loss of Italian citizenship.

In March 2025, the Italian government passed an emergency decree, restricting who qualifies for citizenship by descent. Officially converted into law 74 2025 in May.

The new laws states that if you’re born outside of Italy you must meet at least one of these conditions, or you are not considered a citizen by birth.

1. You submitted a full application or booked a recognized appointment or filed a court case by 3/27/2025.

2. A parent or grandparent held only Italian citizenship at the time of your birth, or if they died before you were born, and they held exclusively Italian citizenship at the time of their death.

3. A parent lived in Italy for two consecutive years after acquiring Italian citizenship and before you were born.

4. You’re a child of a recognized Italian citizen and your parent makes a formal declaration of your birth to the Italian government within one year of your birth, or if the child was already born at the time of this decree the parents have until May 31st, 2026 to file.

The Italian Constitutional courts will be reviewing the law 74 ruling. So multiple legal challenges are underway.

In July, 2025, the Italian Supreme Court referred the “Minor issue” Law 555 of 1912 to the “Sezione Unite” or the “United Sections” of the Supreme Court; the current law states that  a minor child automatically lost the right to Italian citizenship if their parent naturalized in another country before the child reached adulthood. The United section of the supreme court will now decide if this law was correct in the “Aula Magna” signaling that this case is receiving the highest level of legal attention. This may affect the interpretation of the ruling of law 74 also. Stay tuned.

Consulates and comunis are being instructed not to process applications unless the applicant is considered an Italian citizen by birth.

But you are not stripped of all your options; this is where the courts come in. The courts may, and in some cases, have interpreted the new law more broadlyas they have in the past with 1948 cases and minor issue cases.