ITALIAN CITIZENSHIP BY DESCENTS GRANDPARENTS aka ITALIAN CITIZENSHIP by IUS SANGUINIS
As we previously described about common legal issues for Italy Citizenship by Ancestry, Italian citizenship is granted by birth through the paternal line, with no limit on the number of generations, or through the maternal line for individuals born after January 1, 1948. This is referred to as citizenship by descent, jus sanguinis.
If you were born in the United States (or in any other country where citizenship is acquired by birth), and any one of the situations listed below pertains to you, you could be eligible to apply for recognition of Italian citizenship by descent.
Eligibility Categories for Italian Citizenship ius sanguinis:
Your father was an Italian citizen at the time of your birth (i.e. was not a citizen of the US or another country when you were born);
Your mother was an Italian citizen at the time of your birth (was not yet citizen of the US and you were born after January 1, 1948);
Your paternal grandfather was an Italian citizen, your father was born in the US or a country other than Italy, and your paternal grandfather was still an Italian citizen at the time of his birth;
Your maternal grandfather was an Italian citizen, your mother was born in the US or a country other than Italy, and your maternal grandfather was still an Italian citizen at the time of her birth, and you were born after January 1, 1948;
Your paternal or maternal great-grandfather was an Italian citizen, your paternal or maternal grandparent was born in the US or a country other than Italy, and your paternal or maternal great grandfather was an Italian citizen at the time of your grandparent’s birth.
More described on our full post here
Additional requirements for Italian citizenship by descents:
- The Italian ancestor was alive at the time of the unification of Italy which took place on March 17, 1861.
- Your Italian ancestor did not naturalize (i.e. received citizenship) in the U.S. prior to June 14, 1912
- If your Italian ancestor naturalized it must have taken place after the birth of the next person in the ascendancy. For example, if your great grandfather emigrated to the U.S. and naturalized after the birth of your paternal grandfather, you would be eligible to apply for Italian citizenship by descent as long as the naturalization took place after June 14, 1912
- If your Italian ancestor never naturalized you must prove this by providing a certificate of non-existence of naturalization records from USCIS and either a copy of the ancestor’s alien file or a certified census report indicting non-US citizenship status of the.
- If your Italian ancestor was a woman born before January 1, 1948 she can only transfer Italian citizenship to her children born after 1/1/48 and to their descendants. Exceptions to this law can only be obtained through a case presented at the Civil Court at Rome.
- If your Italian ancestor was born in the following regions, Veneto, Friuli-Venezia-Giulia, or Trentino Alto-Adige, in order to apply for the Italian citizenship, you must prove that the ancestor left Italy after July 16th, 1920.
- Minor children who were born in Italy and emigrated to the US with their parents who received “derivative citizenship” upon the U.S. naturalization of a parent lost their Italian citizenship and cannot transmit it to their descendants.
Are You not eligible for Citizenship by descents?
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